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40.120 Notice of disapproval of claim to be sent to claimant -- Review procedure.

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40.120 Notice of disapproval of claim to be sent to claimant -- Review procedure. (1) If a claim is disapproved, the administrator shall send a notice of such decision to the claimant by mail at the address shown in the application. The notice shall be in <br>such form as the administrator may determine, shall contain a designation of the <br>reason for disapproval, shall inform the claimant of his or her right to seek review, <br>shall have attached such form of request for review as the administrator may <br>prescribe, and shall give information as to procedure for review. (2) Application for review of the administrator's disapproval shall be made only on the forms prescribed and furnished by the administrator; and shall be received in the <br>office of the administrator by the closing hour in the thirtieth day after the day upon <br>which the notice of the disapproval is mailed by the administrator, or be forever <br>barred. (3) Upon receiving an application for review, the administrator shall transmit the same, together with the original application and all papers in the case, to the board of <br>review, hereinafter created. (4) The board of review shall promptly consider the same evidence which was available to the administrator, and shall promptly enter in the case file its decision either <br>finally affirming the administrator's decision, or finally determining the claim and <br>the amount thereof. (5) The board of review shall send a notice of its decision to the claimant by certified mail, return receipt requested, and shall return the case file to the administrator. The <br>decision of the board of review shall be a final determination of the claim shown in <br>the application. There shall be no right of recourse on the part of the claimant or the <br>administrator in any court. Effective: July 15, 1960 <br>History: Amended 1980 Ky. Acts ch. 114, sec. 6, effective July 15, 1960. -- Amended 1974 Ky. Acts ch. 315, sec. 3. -- Created 1960 Ky. Acts ch. 15, sec. 12.