Md. Code Ann., State Gov't § 12-107
Claims
Effective Jun 1, 2023Added as State Government § 12-106 by Acts 1984, c. 284, § 1, eff. Oct. 1, 1984. Amended by Acts 1984, c. 268, § 1, eff. Oct. 1, 1984. Renumbered as State Government § 12-107 by Acts 1985, c. 538, § 2, eff. July 1, 1985. Amended by Acts 1985, c. 538, § 2, eff. July 1, 1985; Acts 1986, c. 396, § 1, eff. July 1, 1986; Acts 1994, c. 565, § 1, eff. Oct. 1, 1994; Acts 1996, c. 446, § 1, eff. Oct. 1, 1996; Acts 2005, c. 174, § 1, eff. July 1, 2005. Amended by Acts 2023, c. 653, § 1, eff. June 1, 2023; Acts 2023, c. 654, § 1, eff. June 1, 2023.State of Maryland
(a) A claim under this subtitle shall:
- (1) contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort;
- (2) demand specific damages;
- (3) state the name and address of each party;
- (4) state the name, address, and telephone number of counsel for the claimant, if any; and
- (5) be signed by the claimant, or the legal representative or counsel for the claimant.
(b) The Treasurer may:
- (1) consider a claim for money damages under this subtitle or delegate wholly or partly this responsibility to other State personnel; and
- (2) contract for any support services that are needed to carry out this responsibility properly.
(c)
- (1) In this section, “structured settlement” means a plan for the payment of a settlement or judgment to a claimant for damages in periodic installments.
- (2) Unless a contract with a private insurer provides otherwise, the Treasurer or designee may compromise and settle a claim for money damages after the Treasurer or designee consults with the Attorney General.
- (3) The State may enter into a structured settlement to the extent permitted in § 12-104(a)(2) of this subtitle.
- (4) If a structured settlement is entered into, the State and the claimant shall select the investment company by mutual agreement.
(5) The acceptance of a settlement by a claimant is, as to that claimant:
- (i) final; and
(ii) a complete release of each claim arising from the same cause of action against:
- 1. the State;
- 2. each of its units; and
- 3. all State personnel.
(d) A claim under this subtitle is denied finally:
(1) if the Treasurer or designee sends the claimant, or the legal representative or counsel for the claimant written notice of denial by:
- (i) e-mail; or
- (ii) regular mail, if regular mail is the only available means of notifying the claimant; or
- (2) if the Treasurer or designee fails to give notice of a final decision within 6 months after the filing of the claim.
Added as State Government § 12-106 by Acts 1984, c. 284, § 1, eff. Oct. 1, 1984. Amended by Acts 1984, c. 268, § 1, eff. Oct. 1, 1984. Renumbered as State Government § 12-107 by Acts 1985, c. 538, § 2, eff. July 1, 1985. Amended by Acts 1985, c. 538, § 2, eff. July 1, 1985; Acts 1986, c. 396, § 1, eff. July 1, 1986; Acts 1994, c. 565, § 1, eff. Oct. 1, 1994; Acts 1996, c. 446, § 1, eff. Oct. 1, 1996; Acts 2005, c. 174, § 1, eff. July 1, 2005. Amended by Acts 2023, c. 653, § 1, eff. June 1, 2023; Acts 2023, c. 654, § 1, eff. June 1, 2023.