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44.100 Compensation of board, assistant attorneys general or attorneys appointed by Governor -- Payment of awards -- Cost of operation.

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44.100 Compensation of board, assistant attorneys general or attorneys appointed by Governor -- Payment of awards -- Cost of operation. The assistant attorneys general or attorneys, appointed by the Governor to represent the
Commonwealth's cabinets, departments, agencies or employees, agents or officers
thereof, assigned to defend claims filed with the board shall receive no additional
compensation for the performance of their duties before the board; provided, however,
members of the board, assistant attorneys general and all employees acting for the board
shall be recompensed for all necessary and actual expenses they may incur incident to
their duties for or before the board. All awards and cost of operation assessed by the
board against the Department of Highways shall be paid out of state road fund, upon
warrants drawn by the secretary of the Finance and Administration Cabinet upon the State
Treasurer. All awards and cost of operation assessed by the board against other cabinets
or agencies of the state, which are not maintained by appropriations out of the general
fund, shall be paid out of the funds created or collected for the maintenance and operation
of such cabinets or agencies respectively, upon warrants drawn by the secretary of the
Finance and Administration Cabinet upon the State Treasurer. All amounts necessary to
pay awards and cost of operation assessed by the board against all other cabinets or
agencies of the Commonwealth shall be paid out of the general fund of the
Commonwealth, upon warrants drawn by the secretary of the Finance and Administration
Cabinet upon the State Treasurer. The executive secretary of the board shall maintain
accurate records reflecting the costs incident to the operation of the board. At the close of
each quarter-year period he shall summarize the cost and shall bill each cabinet,
commission, board or agency which has had cases before the board for a pro rata share of
the cost of operation for the appropriate calendar quarter computed in a manner deemed
just and equitable by the board. Each cabinet, commission, board or agency shall remit
quarterly their share of the cost of operation to the board in the manner provided by law.
The Board of Claims shall have the power and authority to determine the right of any
successful party to an action before it to recover from the opposing party the costs
incurred by him or it in such action; and such decision shall not be subject to appeal.
Costs shall not include attorneys' fees. History: Amended 1986 Ky. Acts ch. 499, sec. 5, effective July 15, 1986. -- Amended 1960 Ky. Acts ch. 25, sec. 5. -- Amended 1958 Ky. Acts ch. 52, sec. 2. -- Amended
1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. XIII, sec. 2. -- Amended 1950 Ky. Acts
ch. 50, sec. 3. -- Created 1946 Ky. Acts ch. 189, secs. 7 and 8. Formerly codified as KRS 176.320.

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