# KRS § 49.040: 49.040 Exclusive jurisdiction of Board of Claims -- Limitation on damage awards -- Hearing officers -- Official records -- Agreed judgment or dismissal if settlement reached

> Kentucky · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.040

## Section

- **Citation:** KRS § 49.040
- **Heading:** 49.040 Exclusive jurisdiction of Board of Claims -- Limitation on damage awards -- Hearing officers -- Official records -- Agreed judgment or dismissal if settlement reached
- **Jurisdiction:** Kentucky
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KY Code / Title VI / Chapter 49 / Section 49.040

## Text

49.040 Exclusive jurisdiction of Board of Claims -- Limitation on damage awards --

Hearing officers -- Official records -- Agreed judgment or dismissal if

settlement reached.

(1) Regardless of any provision of law to the contrary, the jurisdiction of the Board of

Claims is exclusive, and a single claim for the recovery of money or a single award

of money shall not exceed two hundred fifty thousand dollars ($250,000), exclusive

of interest and costs. However, if a single act of negligence results in multiple

claims, the total award may not exceed four hundred thousand dollars ($400,000),

to be equitably divided among the claimants, but in no case may any claimant

individually receive more than two hundred fifty thousand dollars ($250,000).

(2) Hearing officers, upon the direction of the board, the board chair, or the executive

director of the Office of Claims and Appeals shall conduct hearings and otherwise

supervise the presentation of evidence and perform any other duties assigned to

them by the board, the board chair, or the executive director of the Office of Claims

and Appeals, except that such hearing officers shall not render final decisions,

orders, or awards. However, such hearing officers may, in receiving evidence on

behalf of the board, make such rulings affecting the competency, relevancy, and

materiality of the evidence about to be presented and upon motions presented

during the taking of evidence as will expedite the preparation of the case.

(3) The board shall maintain the official record of the claim, including evidence entered

into the record at a hearing on the claim, and the final action taken on each claim.

All records of proceedings shall be public records.

(4) Upon recommendation to the board by the attorney for the Commonwealth, its

cabinet, department, bureau, agency, or employee thereof, that a settlement has been

reached between the parties to the claim, and upon approval by the board that the

settlement is reasonable for all parties concerned, an agreed judgment or dismissal

may be entered accordingly, even without a party's admission to liability.

## Nearby sections

- [KRS § 49.010 49.010 Office of Claims and Appeals -- Administrative boards within office -- Executive director -- Powers and duties -- Crime Victims Compensation Board -- Trauma-informed training -- Requirement](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.010.md)
- [KRS § 49.020 49.020 Membership and duties of Board of Tax Appeals, Crime Victims Compensation Board, and Board of Claims -- Required training](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.020.md)
- [KRS § 49.030 49.030 KRS 49.040 to 49.180 applicable to power and authority outlined in KRS 49.020(5)](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.030.md)
- [KRS § 49.040 49.040 Exclusive jurisdiction of Board of Claims -- Limitation on damage awards -- Hearing officers -- Official records -- Agreed judgment or dismissal if settlement reached](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.040.md)
- [KRS § 49.050 49.050 Jurisdiction of Board of Claims as to municipal maintenance of state-owned traffic control devices](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.050.md)
- [KRS § 49.060 49.060 Legislative intent as to sovereign immunity in negligence claims](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.060.md)
- [KRS § 49.070 49.070 State institutions of higher education declared agencies of state government for purposes of KRS 49.060 -- Jurisdiction of Board of Claims -- Sovereign immunity -- Exposure to asbestos claims](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.070.md)
- [KRS § 49.080 49.080 Venue of hearings -- Expenses of hearings outside offices](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.080.md)
- [KRS § 49.090 49.090 Investigation of claims -- Claims under $2,500 may be investigated in-house -- Hearings on contested claims of $2,500 or more -- Order -- Filing fee](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.090.md)
- [KRS § 49.100 49.100 Defense to claims](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.100.md)
- [KRS § 49.110 49.110 Compensation and expenses of Board of Claims, assistant Attorneys General, or attorneys appointed by Governor -- Payment of awards -- Operating costs paid out of general fund](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.110.md)
- [KRS § 49.120 49.120 When claims must be presented](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.120.md)
- [KRS § 49.130 49.130 Conditions of awards -- Reduction of award](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.130.md)
- [KRS § 49.140 49.140 Enforcement and entry of orders, awards, and judgments](https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.140.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TVI_C49_S49.040. Check the current official text before relying on it. Not legal advice.
