Authority: IC 34-13-3-7

Affected: IC 34-13-3

Sec. 4. (a) The facility head shall designate a staff person to act as the facility's tort claims investigator. The tort claims investigator shall have access to all areas of the facility in order to investigate claims and make recommendations for settlement if applicable.

(b) The duties of the facility tort claims investigator shall include the following:

1. (1) Receiving the NOTICE OF LOSS OF PROPERTY–TORT CLAIM form from the facility head.
2. (2) Reviewing this form and any accompanying documentation.

3. (3) Investigating the claim made by the offender, including the following:

   1. (A) Interviewing staff and the offender as necessary.
   2. (B) Reviewing all pertinent documents, including personal property inventories, and commissary requests.
   3. (C) Completing any other actions necessary to make a recommendation on the claim.
4. (4) Making a recommendation concerning the settlement of the claim and complete the tort claims investigator's section of the RECOMMENDATION ON TORT CLAIM form.
5. (5) Submitting the RECOMMENDATION ON TORT CLAIM form to the department's tort claims administrator.
6. (6) Maintaining files of all property loss tort claims filed by offenders at the facility.

(Department of Correction; 210 IAC 1-10-4; filed Jun 17, 2003, 9:25 a.m.: 26 IR 3543; readopted filed Dec 2, 2009, 2:18 p.m.: 20091223-IR-210090805RFA; readopted filed Nov 15, 2016, 1:32 p.m.: 20161214-IR- 210160375RFA; readopted filed Nov 28, 2022, 2:50 p.m.: 20221228-IR-210220280RFA)