Administration & Information, Dept. of Risk Management

Effective Date: 10/03/2008 to Current

Rule Type: Current Rules & Regulations

Reference Number: 006.0009.3.10032008

CHAPTER 3

INVESTIGATION AND ADJUSTMENT OF CLAIMS

Section 1. Claims. Every claim against the state or public employee shall be presented to the Administrator of the General Services Division of the Department of Administration and Information.

Section 2. Format of Claim. Every claim shall include the following information if an approved claim form (Appendix A) is not utilized to file the claim:

1. (a) The time, place and circumstances of the alleged loss or injury including the name of the public employee involved, the highway number, license plate and unit number, if known;
2. (b) The name, address and residence of the claimant and his representative or attorney, if any;
3. (c) The amount of compensation or other relief demanded with two written estimates on company invoice or letterhead if applicable;
4. (d) The claim shall be properly signed, certified “under penalty of perjury,” dated and notarized by the claimant.

Section 3. Investigation. Within ten (10) business days after a claim has been received by the Risk Management Office and has been determined to have been properly filed, an investigation will be initiated under the supervision of the Office. The investigation will consider the following:

1. (a) Compliance with the Act;
2. (b) Whether the claim arises under federal law or whether immunity has been waived;
3. (c) Whether the state, claimant, or another party is at fault;
4. (d) The amount of damages actually incurred; and
5. (e) Any other considerations bearing on validity of the claim.

Section 4. Cooperation of Claimant. A claimant may be required to supply additional information for purposes of the investigation. Lack of cooperation with any Office investigators may result in denial of the claim.

Section 5. Cooperation of State Agencies, Employees and Peace Officers. Any public employee of the state or peace officer against whom a claim is made shall cooperate fully with the Office in defense of the claim. If the Office determines that the public employee or peace officer has not cooperated or has otherwise acted to prejudice defense of the claim, the Office may at any time reject the defense of the claim.

Section 6. Legal Issues. If, in the course of investigation of an actual or anticipated claim, legal issues are raised, consultation shall be sought with the attorney general, or, when appropriate, an attorney or firm under contract.

Section 7. Denials. Where no basis is found for the claim, it shall be denied. A letter of denial to the claimant shall be issued by the Office.