Ky. Rev. Stat. § 49.040

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

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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. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 15, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 4, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 304, sec. 4, effective July 14, 2000. -- Amended 1986 Ky. Acts ch. 279, sec. 1, effective July 15, 1986; and ch. 499, sec. 3, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 15, sec. 1, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 326, sec. 2. -- Amended 1972 Ky. Acts ch. 234, sec 1. -- Amended 1960 Ky. Acts ch. 25, sec. 1. -- Amended 1958 Ky. Acts ch. 52, sec. 1. -- Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art XIII, sec. 1. -- Amended 1950 Ky. Acts ch. 50, sec. 1. -- Created 1946 Ky. Acts ch. 189, secs. 1 and 3, par. 1. Formerly codified as KRS 44.070. Formerly codified as KRS 176.290

Notes of Decisions

Cited in 6 cases (6 in the last 5 years), 2021–2025 · leading case: Greyson Findley v. Western Kentucky University

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Greyson Findley v. Western Kentucky University (2024) kyctapp · cites it 5× “-6- only the matters subject to review by the Circuit Court and also errors of law arising in the Circuit Court and made reviewable by the Rules of Civil Procedure, where not in conflict with KRS 49.040 to 49.180.” The circuit court’s review is confined to four grounds which are…”

Commonwealth of Kentucky Transportation Cabinet v. Emile Lackey (2025) kyctapp · cites it 3× “160 provides that we “shall review only the matters subject to review by the Circuit Court and also errors of law arising in the Circuit Court and made reviewable by the Rules of Civil Procedure, where not in conflict with KRS 49.040 to 49.180.” The circuit court’s review is…”

Commonwealth of Kentucky, Transportation Cabinet, Department of Highways v. Romeo Delrosario (2023) kyctapp · cites it 2× “Following entry of this Court’s order, Delrosario sought summary judgment against the Cabinet in the amount of $250,000, the statutory maximum under KRS 49.040, and costs and attorney’s fees.”

James Harrison v. Jason Gibson (2021) kyctapp “KRS 49.040(1). Then Harrison would need to proceed to exhaust that avenue of review.”

Letcher County Board of Education v. Roger Hall (2023) ky “Additionally, KRS 49.040(1) states that “[r]egardless of any provision of law to the contrary, the jurisdiction of the Board of Claims is exclusive .”

Will McGinnis v. University of Kentucky (2023) kyctapp “UK Motion to Dismiss Similarly, UK set forth at least four reasons why the claims against it should be dismissed.”

— Ky. Rev. Stat. § 49.040(1) — 5 cases

Greyson Findley v. Western Kentucky University (2024) kyctapp “-6- only the matters subject to review by the Circuit Court and also errors of law arising in the Circuit Court and made reviewable by the Rules of Civil Procedure, where not in conflict with KRS 49.040 to 49.180.” The circuit court’s review is confined to four grounds which are…”

James Harrison v. Jason Gibson (2021) kyctapp “KRS 49.040(1). Then Harrison would need to proceed to exhaust that avenue of review.”

Commonwealth of Kentucky, Transportation Cabinet, Department of Highways v. Romeo Delrosario (2023) kyctapp “Following entry of this Court’s order, Delrosario sought summary judgment against the Cabinet in the amount of $250,000, the statutory maximum under KRS 49.040, and costs and attorney’s fees.”

Commonwealth of Kentucky Transportation Cabinet v. Emile Lackey (2025) kyctapp “160 provides that we “shall review only the matters subject to review by the Circuit Court and also errors of law arising in the Circuit Court and made reviewable by the Rules of Civil Procedure, where not in conflict with KRS 49.040 to 49.180.” The circuit court’s review is…”

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