40.080 Supporting documents -- Discretionary hearing.
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(a) In any case where the same are shown in the official records of the Department of Defense, Veterans Administration, or any other department,
bureau, or agency of the United States, by an authenticated copy of the record,
or a certificate made by an authorized person in the department, bureau, or
agency concerned, or by a written communication signed by such authorized
person; (b) In any case where the same are shown in any public record of the Commonwealth or of any public body in the Commonwealth, by a copy of the
record, or the material part thereof, attested by the clerk or comparable officer; (c) In any case where the same are shown in an instrument of writing, by tendering the instrument, or a photostat copy, or a copy authenticated in a
manner acceptable to the administrator; (d) Otherwise by affidavit. (2) No claimant shall be entitled to an oral hearing as a matter of right; but the administrator may in his discretion order a hearing in any case presenting unusual
circumstances, or where it appears that documentary evidence of any material fact
cannot reasonably be obtained, or where the claim cannot otherwise adequately be
determined. If a hearing is ordered, it shall be conducted in accordance with KRS
Chapter 13B. The administrator may investigate any matter which in his judgment
is not adequately proven, or which shows or raises an inference of fraud, and may
require submission of supplementary proof. Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 25, effective July 15, 1996. -- Created 1960 Ky. Acts ch. 15, sec. 8, effective February 20, 1960.