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Claims Commission, Kentucky

Authority: EO 2016-0576
Status: Active
Term: 3 years
Chair: The Governor shall designate a member of the Commission to serve as Chairperson. The Commission shall annual elect one of its members to serve as Vice Chairperson with the authority to act in the absence of the Chairperson.
Description: XII. The Commission is charged with the following power and authority: A. To investigate, hear proof, and to compensate persons for damages sustained to either person or property as the proximate result of negligence on the part of an Agency of the Commonwealth; provided, however, regardless of any provision of law to the contrary, no Agency of the Commonwealth shall be liable for collateral or dependent claims that are dependent on loss to another and not the claimant, damages for mental distress or pain or suffering, or for punitive damages, and compensation shall not be allowed, awarded, or paid for said claims for damages. Furthermore, any damage claim awarded shall be reduced by the amount of payments received, and the amount of payments an injured person has a right to receive, from workers compensation insurance, social security programs, unemployment insurance programs, medical, disability or life insurance programs, or other federal or state or private program designed to supplement income or pay claimants expenses or damages incurred. Any claim against an Agency of the Commonwealth, or a school district board of education, its members, officers, agents, or employees for damages sustained as the result of exposure to asbestos before, during, or after its removal from a facility owned, leased, occupied, or operated by the Commonwealth or a school district board of education, shall be brought before the Commission; B. To hear and determine all matters relating to a claim by a crime victim or a person authorized by law to act on behalf of a crime victim for compensation, including the power to reinvestigate or reopen claims without regard to statutes of limitations; C. To hear and determine appeals from final rulings, orders, and determinations of any agency of state or county government affecting revenue and taxation; D. To establish and maintain necessary offices within this state; E. To promulgate, amend, and repeal suitable administrative regulations to carry out the provisions and purposes of the Commissions statutory authority, including administrative regulations that establish hearing procedures, dollar thresholds for the requirement of a full Commission hearing as opposed to a determination from a single member or employees, and for the approval of attorneys fees for representation before the Commission; F. To request from prosecuting attorneys and law enforcement officers investigations and data to enable the Commission to determine whether, and the extent to which, a crime victim qualifies for crime victim compensation. Notwithstanding any law to the contrary, the Commission shall be entitled to inspect and receive any record that would otherwise be deemed confidential and not subject to disclosure, provided that the Commission shall not make such a document available for public inspection; G. To issue subpoenas and discovery orders and to petition a court of competent jurisdiction for any order necessary to carry out the Commissions powers and duties; H. To take or cause to be taken affidavits or depositions within or without the state, other than for claims that involve the appeal of a revenue or taxation ruling; I. Upon the filing of an application by a crime victim for compensation, to negotiate binding fee settlements with the providers of services to a crime victim who may be eligible for an award under KRS 346.130(3); J. To make available for public inspection all Commission decisions and opinions, administrative regulations, written statements of policy, and interpretations formulated, promulgated, or used by it in discharging its functions; K. To publicize widely the functions and purposes of the Commission; L. To make an annual report, by January 1 of each year, of its activities for the preceding fiscal year to the Office of the State Budget Director and to the Interim Joint Committee on Appropriations and Revenue. Each such report shall set forth a complete operating and financial statement covering the Commissions operations during the year; and M. To delegate any of its power and authority to Commission employees except the power to issue final decisions on the merits of a claim or appeal.
Composition: The Commission shall consist of three (3) members appointed by the Governor with the consent of the Senate to serve for a term of three (3) years, except that of the members first appointed, one (1) shall serve for a term expiring September 30, 2017, one (1) shall serve for a term expiring September 30, 2018, and one (1) shall serve for a term expiring September 30, 2019. Any member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the remainder of the unexpired term. At least one (1) member shall be a victim as defined in KRS 421.500(1); the parent, spouse, sibling, or child of a victim as defined in KRS 421.500(1); or a victim advocate as defined in KRS 421.570(1). The Governor shall designate a member of the Commission to serve as Chairperson. The Commission shall annual elect one of its members to serve as Vice Chairperson with the authority to act in the absence of the Chairperson. The Governor shall set the salary of the members of the Commission. Members of the Commission shall be reimbursed for all expenses paid or incurred in the discharge of official business at the then existing state rates.
Compensation: The Governor shall set the salary of the members of the Commission. Members of the Commission shall be reimbursed for all expenses paid or incurred in the discharge of official business at the then existing state rates.
Number of Members: 3
Needs Senate Confirmation: Yes

Members

NameAppointedTerm ExpiresPositionCounty
Carey, Marcus S.9/30/20169/30/2019ChairOwen
Wessels, Carlo9/30/20169/30/2019MemberKenton
Delana Sanders8/14/20179/30/2021Member; Representing crime victimsKenton

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