- A. The Treasurer's denial of a claim under COMAR 25.02.03.08 is subject to review only pursuant to State Government Article, §12-108, Annotated Code of Maryland.
- B. An action shall be filed in the appropriate court within 3 years after the cause of action arises.
- C. Service of the complaint and accompanying documents is sufficient only if made on the Treasurer.
D. An action may not be instituted unless the:
- (1) Plaintiff first has submitted a written claim to the Treasurer in accordance with COMAR 25.02.03 within 1 year after the injury, loss, or damage to person or property that is the basis of the claim; and
- (2) Treasurer has denied the claim finally in accordance with COMAR 25.02.03.08.
Authority: State Finance and Procurement Article, §§9-104 and 9-105; State Government Article, §12-101 et seq.; Annotated Code of Maryland
Effective date:
Regulation .01 adopted as an emergency provision effective March 10, 1987 (14:7 Md. R. 828), expired September 7, 1987 (Emergency provisions are temporary and not printed in COMAR)
Regulation .01, Maryland Tort Claims Act—Actions, adopted effective April 16, 1990 (17:7 Md. R. 853)
Regulation .01D amended effective January 12, 1998 (25:1 Md. R. 17)