Sec. 4-149. Representation by the Attorney General.
Sec. 4-151. Consideration and hearing of claims.
Sec. 4-151a. Waiver of hearings.
Sec. 4-152. Misbehavior at proceedings.
Sec. 4-154. Time limit for decision. Notice to claimant.
Sec. 4-160. Authorization of actions against the state.
Sec. 4-165b. Claims against the state by inmates.
Sec. 4-142. Office of the Claims Commissioner. Excepted claims. Staff. Hearing and determination of claims. (a) There shall be an Office of the Claims Commissioner which shall hear and determine all claims against the state except: (1) Claims for the periodic payment of disability, pension, retirement or other employment benefits; (2) claims upon which suit otherwise is authorized by law including suits to recover similar relief arising from the same set of facts; (3) claims for which an administrative hearing procedure otherwise is established by law; (4) requests by political subdivisions of the state for the payment of grants in lieu of taxes; and (5) claims for the refund of taxes.
(b) The Office of the Claims Commissioner shall consist of the Claims Commissioner, and, within available appropriations, the Deputy Claims Commissioner, not more than six temporary deputies and such administrative staff as may be provided by the Department of Administrative Services. The Claims Commissioner, the Deputy Claims Commissioner, or a temporary deputy assigned to assist the Claims Commissioner pursuant to section 4-142b shall hear and determine all claims against the state, except as otherwise provided in subsection (a) of this section. Such claims shall be heard and determined in accordance with the rules prescribed by the Claims Commissioner pursuant to section 4-157, except as may be provided in section 4-160.
(1959, P.A. 685, S. 2; P.A. 75-605, S. 1, 27; P.A. 96-85; P.A. 16-127, S. 3; P.A. 21-91, S. 1; P.A. 23-131, S. 1.)
History: P.A. 75-605 replaced commission on claims with claims commissioner; P.A. 96-85 amended Subdiv. (2) to include suits to recover similar relief arising from the same set of facts; P.A. 16-127 designated existing provisions re Claims Commissioner as Subsec. (a) and amended same by substituting “an Office of the Claims Commissioner which” for “a Claims Commissioner who” and added Subsec. (b) re provision of administrative staff by Department of Administrative Services and re Claims Commissioner or magistrate to hear and determine claims, effective June 9, 2016; P.A. 21-91 amended Subsec. (b) by adding references to temporary deputies and adding “, except as may be provided in section 4-160”, effective June 28, 2021; P.A. 23-131 amended Subsec. (b) by adding that office consists of, “within available appropriations, the Deputy Claims Commissioner” and “not more than” 6 temporary deputies and by removing reference to “magistrate”, effective July 1, 2023.
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Sec. 4-142a. Nomination of the Claims Commissioner. Action by the Judiciary Committee. Temporary deputies. Deputy Claims Commissioner. (a)(1) The Claims Commissioner shall be nominated by the Governor with the advice and consent of the General Assembly to serve for a term of four years from the first day in July of the year of such appointment and until a successor has been appointed and has qualified. Each nomination for appointment as Claims Commissioner by the Governor shall be referred, without debate, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, which shall report on each appointment not later than thirty days after the date of reference. Each appointment by the General Assembly of the Claims Commissioner shall be by concurrent resolution. The Claims Commissioner shall be an attorney-at-law and shall have been admitted to practice before the courts of the state of Connecticut for at least five years prior to such appointment.
(2) The Claims Commissioner shall receive such compensation as is fixed under the provisions of section 4-40. The Claims Commissioner may enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of the commissioner's duties. Subject to the provisions of section 4-32, and unless otherwise provided by law, the Claims Commissioner is authorized to receive any money, revenue or services from the federal government, corporations, associations or individuals, including payments from the sale of printed matter or any other materials or services.
(b) The Office of the Claims Commissioner shall be within the Department of Administrative Services, provided the office shall have independent decision-making authority.
(c) (1) The Governor may, within available appropriations, appoint not more than six temporary deputies to serve in the Office of the Claims Commissioner. A temporary deputy shall be an attorney-at-law who has experience practicing law before the courts of the state of Connecticut and has trial experience. A temporary deputy may not be an employee of the office of the Attorney General or have a claim pending before the Claims Commissioner, either as a claimant or as an attorney appearing on behalf of a claimant. Each temporary deputy shall serve at the pleasure of the Governor, for a term coterminous with the Governor, or until a successor is appointed and qualified, whichever is longer, provided no temporary deputy may be appointed or serve in such position on or after March 1, 2026.
(2) A temporary deputy shall receive, for each day of service, the same compensation as paid to a judge trial referee under subdivision (1) of subsection (f) of section 52-434 for each day of service by such referee.
(3) Each temporary deputy shall have decision-making authority to issue a final decision to grant or deny permission to sue for each claim referred to such deputy under the provisions of subsection (b) or (c) of section 4-160.
(d) The Claims Commissioner shall, within available appropriations, appoint a Deputy Claims Commissioner who shall be an attorney-at-law qualified by training and experience for the duties of the Office of the Claims Commissioner and shall, in the absence, disability or disqualification of the Claims Commissioner, perform all the functions and have all the powers and duties of said office and such other duties as may be prescribed. The position of Deputy Claims Commissioner shall be exempt from the classified service. The Deputy Claims Commissioner shall serve until a successor is appointed by the Claims Commissioner. The term of the Deputy Claims Commissioner shall not be coterminous with that of the Claims Commissioner, instead the Deputy Claims Commissioner may be replaced upon the appointment of a new Claims Commissioner in accordance with the provisions of subdivision (1) of subsection (a) of this section.
(P.A. 75-605, S. 2, 27; P.A. 82-297; P.A. 84-346, S. 1, 4; Sept. Sp. Sess. P.A. 09-7, S. 25; P.A. 16-127, S. 4; P.A. 17-48, S. 1; P.A. 21-91, S. 2; P.A. 22-37, S. 2; P.A. 23-131, S. 2.)
History: P.A. 82-297 amended section to allow commissioner to enter into contractual agreements and to receive money, revenue or services from certain entities and individuals; P.A. 84-346 added Subsec. (b), placing office of claims commissioner within comptroller's office for administrative purposes; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (b) to move office from office of the Comptroller to Department of Administrative Services, effective October 5, 2009; P.A. 16-127 amended Subsec. (a) by substituting “Claims Commissioner” for “commissioner” and making technical changes, effective June 9, 2016; P.A. 17-48 made a technical change in Subsec. (a); P.A. 21-91 amended Subsec. (a) by redesignating existing provisions re appointment as Subdiv. (1) and amending same to add provision re Claims Commissioner serving on June 28, 2021 and nomination and appointment process on and after said date, and redesignating existing provisions re compensation as Subdiv. (2), and added Subsec. (c) re appointment, compensation and authority of temporary deputies, effective June 28, 2021; P.A. 22-37 made a technical change in Subsec. (a)(1); P.A. 23-131 amended Subsec. (a) by replacing “appointed” with “nominated” and by making technical changes, amended Subsec. (c)(1) re temporary deputies by replacing “shall” with “may” re appointment of such deputies, by replacing “appoint six temporary deputies” with “within available appropriations, appoint not more than six temporary deputies” and by replacing “October 1, 2023” with “March 1, 2026” re time limitation to serve as a temporary deputy and added Subsec. (d) re authority of the Claims Commissioner to, within available appropriations, appoint a Deputy Claims Commissioner, effective July 1, 2023.
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Sec. 4-142b. Office of the Claims Commissioner. Authority of Claims Commissioner to assign a temporary deputy to hear and decide claims. The Office of the Claims Commissioner shall maintain a permanent office in Hartford County in such suitable space as the Commissioner of Administrative Services provides. All papers required to be filed with the Office of the Claims Commissioner shall be delivered to such office. The Claims Commissioner may assign a temporary deputy to hear a claim and issue a decision concerning the final disposition of a claim against the state, or make recommendations to the Claims Commissioner or Deputy Claims Commissioner concerning the final disposition of a claim as provided for in this chapter.
(P.A. 75-605, S. 3, 27; P.A. 77-614, S. 73, 610; P.A. 82-167, S. 2, 7; P.A. 84-346, S. 2, 4; P.A. 87-496, S. 42, 110; Sept. Sp. Sess. P.A. 09-7, S. 26; P.A. 11-51, S. 98; P.A. 16-127, S. 5; P.A. 19-182, S. 5; P.A. 23-131, S. 3.)
History: P.A. 77-614 substituted commissioner of administrative services for public works commissioner; P.A. 82-167 changed required location of office from Hartford to Hartford county; P.A. 84-346 provided that the positions of clerk and assistant shall be in the unclassified service with compensation fixed pursuant to Sec. 4-40, rather than by the legislative management committee and deleted provision authorizing committee to approve appointment by the claims commissioner of such assistants; P.A. 87-496 replaced administrative services commissioner with public works commissioner; Sept. Sp. Sess. P.A. 09-7 deleted provisions re employment of clerk and other assistants and added provision requiring Department of Administrative Services to provide staff support, effective October 5, 2009; P.A. 11-51 changed “Commissioner of Public Works” to “Commissioner of Administrative Services”, effective July 1, 2011; P.A. 16-127 deleted provision re staff support provided by Department of Administrative Services, added provisions re authority of the Claims Commissioner to designate one or more magistrates to hear and determine claims and added provision re Claims Commissioner to establish rules, effective June 9, 2016; P.A. 19-182 replaced “hear and determine claims” with “hear a claim and issue a decision concerning the final disposition of a claim” in provision re magistrates' authority, deleted provision re Claims Commissioner solely responsible for making decision concerning final disposition of claim and made technical and conforming changes; P.A. 23-131 deleted provisions re appointment of magistrates and added provision re authority of the Claims Commissioner to assign a temporary deputy to hear a claim and issue a decision concerning final disposition of the claims or make recommendations to the Claims Commissioner concerning final disposition of a claim, effective July 1, 2023.
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Sec. 4-147. Notice of claim. Any person wishing to present a claim against the state shall file with the Office of the Claims Commissioner a notice of claim, in duplicate, containing the following information: (1) The name and address of the claimant; the name and address of the claimant's principal, if the claimant is acting in a representative capacity, and the name and address of the claimant's attorney, if the claimant is so represented; (2) a concise statement of the basis of the claim, including the date, time, place and circumstances of the act or event complained of; (3) a statement of the amount requested, which shall minimally indicate whether such amount is less than thirty-five thousand dollars, or equal to or in excess of thirty-five thousand dollars; and (4) a request for permission to sue the state, if such permission is sought. A claim exclusively setting forth a request for permission to sue the state may be accompanied by supporting evidence, including, but not limited to, transcripts, records, documents, reports, affidavits or memoranda. A notice of claim, if sent by mail, shall be deemed to have been filed with the Office of the Claims Commissioner on the date such notice of claim is postmarked. The Office of the Claims Commissioner shall promptly provide a copy of the notice of claim to the Attorney General. Such notice shall be for informational purposes only and shall not be subject to any formal or technical requirements, except as may be necessary for clarity of presentation and facility of understanding.
(1959, P.A. 685, S. 6; P.A. 75-605, S. 4, 27; P.A. 82-167, S. 3, 7; P.A. 84-43, S. 2; May Sp. Sess. P.A. 92-6, S. 115, 117; Sept. Sp. Sess. P.A. 09-7, S. 29; P.A. 16-127, S. 6; P.A. 21-91, S. 3; P.A. 23-131, S. 11.)
History: P.A. 75-605 replaced clerk of commission with clerk of the office of the claims commissioner; P.A. 82-167 added provisions allowing imposition of filing fees of $10 or $25 depending upon the amount of the claim and allowing waiver of fees; P.A. 84-43 added provision that a notice of claim sent by mail is deemed to have been filed on the date it is postmarked; May Sp. Sess. P.A. 92-6 increased claims differential amount from $1,000 to $5,000 and fees from $25 to $50 and $10 to $25; Sept. Sp. Sess. P.A. 09-7 deleted references to clerk of the office, effective October 5, 2009; P.A. 16-127 added provision re fees may be waived except as provided in Sec. 4-165b and made technical changes, effective June 9, 2016; P.A. 21-91 added provision re supporting evidence of a claim exclusively setting forth a request for permission to sue the state, effective June 28, 2021; P.A. 23-131 amended Subdiv. (3) to add that statement of amount requested shall minimally indicate whether such amount is less than, equal to or more than $35,000, and amended Subdiv. (4) to delete provisions re filing fees and waiver of filing fees and made technical changes, effective July 1, 2023.
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Sec. 4-149. Representation by the Attorney General. (a) The Attorney General shall review each claim filed under section 4-147. If such review discloses to the satisfaction of the Attorney General that protection of the state's interest does not reasonably require representation by the Attorney General before the Claims Commissioner, then such representation shall be provided by the state agency or department involved in the claim. In making such determination, the Attorney General shall consider (1) the sum of money involved; (2) the legal significance of the claim as a precedent; and (3) the complexity of the legal and factual issues presented.
(b) The Attorney General shall notify the Claims Commissioner and the agency or department involved within ninety days of receipt of a claim by the Attorney General in those instances when the Attorney General determines that protection of the state's interest does not reasonably require representation by the Attorney General before the Claims Commissioner.
(c) When the representative for the state, which representative may in appropriate cases be the Attorney General, desires to oppose a claim, such representative shall file with the Office of the Claims Commissioner a notice of opposition, containing a concise statement of such representative's objections. The Office of the Claims Commissioner shall promptly provide a copy of the notice of opposition to the claimant.
(1959, P.A. 685, S. 7; P.A. 75-605, S. 6, 27; P.A. 84-264, S. 1, 5; P.A. 02-89, S. 5; Sept. Sp. Sess. P.A. 09-7, S. 28; P.A. 23-131, S. 12.)
History: P.A. 75-605 deleted reference to attorney general as legal advisor to commission and elsewhere replaced commission with claims commissioner and executive secretary with clerk of the office of the claims commissioner; P.A. 84-264 divided section into Subsecs. and added provisions re: Review of claims by attorney general, determination by attorney general whether protection of state's interest reasonably requires representation by attorney general before the claims commissioner, notification of claims commissioner of determination that representation by attorney general is not reasonably required within 90 days of receipt of claim, and referral of such claims to state agency or department involved in the claim; P.A. 02-89 deleted as obsolete former Subsec. (d) requiring the Attorney General to review claims in which he is representing the state before the Claims Commissioner on May 29, 1984, and, if he determines that protection of the state's interest does not require such representation, to refer any such claims to the appropriate state agency or department for representation of the state before the Claims Commissioner, and made technical changes for purposes of gender neutrality in Subsecs. (b) and (c); Sept. Sp. Sess. P.A. 09-7 amended Subsec. (c) to delete references to clerk of the office and make a conforming change, effective October 5, 2009; P.A. 23-131 amended Subsec. (a) by replacing “claim delivered under section 4-147” with “claim filed under section 4-147” and amended Subsec. (c) by deleting requirement that notice of opposition be filed “in duplicate” and by replacing “deliver a copy thereof” with “provide a copy of the notice of opposition”, effective July 1, 2023.
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Sec. 4-151. Consideration and hearing of claims. (a) Claims shall be considered as soon as practicable after they are filed. The following claims shall be privileged with respect to assignment for hearing: (1) Claims by persons who are sixty-five years or older or who reach such age during the pendency of the claim, (2) claims by persons who are terminally ill, as defined in section 52-191c, and (3) claims by executors or administrators of estates. Hearings may be held at the Office of the Claims Commissioner, at any available hearing facility in the State Capitol or Legislative Office Building, upon request at any courthouse serving a judicial district or geographical area or city or town hall in the state or at such other suitable place as the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy finds is convenient and just to the claimant and to the Attorney General.
(b) The Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy may call witnesses, examine and cross-examine any witness, require information not offered by the claimant or the Attorney General and stipulate matters to be argued. The Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy shall not be bound by any law or rule of evidence, except the rules prescribed by the Claims Commissioner pursuant to section 4-157.
(c) The Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy may administer oaths, cause depositions to be taken, issue subpoenas and order inspection and disclosure of books, papers, records and documents. Upon good cause shown, any such order or subpoena may be quashed by the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy.
(d) If any person fails to respond to a subpoena, the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy may issue a capias, directed to a state marshal to arrest such person and bring such person before the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy to testify.
(e) If any person refuses to testify or to produce any relevant, unprivileged book, paper, record or document, the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy shall certify such fact to the Attorney General, who shall apply to the superior court for the judicial district in which such person resides for an order compelling compliance. Further refusal of such person shall be punished as provided by section 2-46. If such person is the claimant, the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy shall summarily dismiss the claim and order it forfeited to the state.
(f) When subpoenaed by the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy, a witness shall be offered the fees and mileage allowances authorized by section 52-260, provided no such fee or allowance shall be paid to any state officer or employee who appears on behalf of the state.
(1959, P.A. 685, S. 8; P.A. 75-605, S. 8, 27; P.A. 78-280, S. 9, 127; P.A. 89-82, S. 4, 11; P.A. 00-99, S. 21, 154; P.A. 01-167, S. 2; 01-195, S. 4, 181; P.A. 16-127, S. 9; P.A. 23-131, S. 4.)
History: P.A. 75-605 replaced references to claims commission and its members with references to claims commissioner; P.A. 78-280 replaced “county courthouse” in Subsec. (a) with “courthouse serving a judicial district or geographical area” and substituted judicial district for county in Subsec. (e); P.A. 89-82 amended Subsec. (a) to provide for hearing of claims in legislative office building; P.A. 00-99 changed reference to “sheriff of the county in which such person resides” to “state marshal” in Subsec. (d), effective December 1, 2000; P.A. 01-167 amended Subsec. (a) to specify types of claims that are privileged with respect to assignment for hearing; P.A. 01-195 made a technical change in Subsec. (d) for the purposes of gender neutrality, effective July 11, 2001; P.A. 16-127 amended Subsecs. (a) to (f) by adding “or a magistrate”, amended Subsec. (b) by adding “the rules prescribed by the Claims Commissioner pursuant to section 4-157” and making a conforming change and amended Subsec. (e) by making a technical change, effective June 9, 2016; P.A. 23-131 amended Subsec. (a) by replacing “claims shall be heard as soon as practicable” with “claims shall be considered as soon as practicable”, by adding reference to “Deputy Claims Commissioner” and by replacing reference to “magistrate” with “temporary deputy”, amended Subsecs. (b) to (f) by adding references to “Deputy Claims Commissioner” and by replacing references to “magistrate” with “temporary deputy” and further amended Subsec. (f) by replacing “witnesses” with “a witness”, effective July 1, 2023.
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Sec. 4-151a. Waiver of hearings. Upon the motion of the Claims Commissioner, the Deputy Claims Commissioner, or a temporary deputy, or at the request of the claimant or the representative for the state, which representative may in appropriate cases be the Attorney General, the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy may waive the hearing of any claim for ten thousand dollars or less and proceed upon affidavits filed by the claimant and the state agency concerned.
(1961, P.A. 476, S. 5; 559, S. 2; P.A. 75-605, S. 9, 27; P.A. 82-167, S. 4, 7; P.A. 84-264, S. 2, 5; P.A. 92-34, S. 1; P.A. 16-127, S. 10; P.A. 19-182, S. 1; P.A. 23-131, S. 5.)
History: P.A. 75-605 substituted claims commissioner for commission and changed waiver limit from $250 to $750; P.A. 82-167 amended section to allow waiver of hearing of any claim for $1,000 or less instead of the prior limit of $750 and allow waiver on motion of commissioner, claimant or the attorney general; P.A. 84-264 changed “attorney general” to “representative for the state, which representative may in appropriate cases be the attorney general”; P.A. 92-34 increased from $1,000 to $5,000 the monetary limit on claims for which the claims commissioner may waive the hearing; P.A. 16-127 added “or a magistrate” and made a technical change, effective June 9, 2016; P.A. 19-182 increased limit on claims for which the claims commissioner or a magistrate may waive hearing from $5,000 to $10,000, effective October 1, 2019, and applicable to any claim filed on or after October 1, 2019; P.A. 23-131 replaced “On his or her own motion” with “Upon the motion of the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy,”, added reference to “Deputy Claims Commissioner” and replaced “magistrate” with “temporary deputy”, effective July 1, 2023.
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Sec. 4-152. Misbehavior at proceedings. If in the course of any proceeding any person is guilty of misbehavior which obstructs such proceeding, such person may be excluded from further participation in such hearing. If the miscreant is the claimant or the claimant's attorney, the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy may summarily terminate the proceeding, and the Claims Commissioner, Deputy Claims Commissioner or temporary deputy may dismiss the claim and order it forfeited to the state.
(1959, P.A. 685, S. 18; P.A. 75-605, S. 10, 27; P.A. 16-127, S. 11; P.A. 23-131, S. 6.)
History: P.A. 75-605 replaced commission with claims commissioner; P.A. 16-127 added “or a magistrate” and made technical and conforming changes, effective June 9, 2016; P.A. 23-131 added reference to “Deputy Claims Commissioner”, replaced “magistrate” with “temporary deputy” and made technical changes, effective July 1, 2023.
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Sec. 4-154. Time limit for decision. Notice to claimant. (a) Not later than ninety days after hearing a claim, the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy shall render a decision as provided in subsection (a) of section 4-158. The Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy shall make a finding of fact for each claim and file such finding with the order, recommendation or authorization disposing of the claim. The Office of the Claims Commissioner shall provide a copy of such finding and order, recommendation or authorization to the claimant and to the representative for the state, which representative may in appropriate cases be the Attorney General.
(b) If such claim will automatically be submitted to the General Assembly by the Office of the Claims Commissioner pursuant to the provisions of subdivision (1) of subsection (a) of section 4-159, the Office of the Claims Commissioner shall give written notice to the claimant that such claim will be so submitted and that the General Assembly may accept, modify or reject the recommendation of the Office of the Claims Commissioner or remand the claim to the Office of the Claims Commissioner.
(c) If the claimant has the right pursuant to subsection (b) of section 4-158 to request the General Assembly to review the decision of the Claims Commissioner, the Office of the Claims Commissioner shall give written notice to the claimant that the claimant may request the General Assembly to review the decision and that the General Assembly may confirm, modify or vacate the decision or remand the claim to the Office of the Claims Commissioner. The notice shall indicate the date by which such a request must be filed with the Office of the Claims Commissioner.
(1959, P.A. 685, S. 10; P.A. 75-605, S. 12, 27; P.A. 84-264, S. 3, 5; P.A. 01-167, S. 4; P.A. 05-170, S. 3; Sept. Sp. Sess. P.A. 09-7, S. 27; P.A. 16-127, S. 13; P.A. 23-131, S. 7.)
History: P.A. 75-605 replaced commission with claims commissioner and executive secretary with clerk of the office of the claims commissioner; P.A. 84-264 changed “attorney general” to “representative for the state, which representative may in appropriate cases be the attorney general”; P.A. 01-167 added provision that if the claim will be submitted to the General Assembly pursuant to Sec. 4-159, the clerk shall give notice to the claimant that the claim will be so submitted and that the General Assembly may accept, reject or alter the recommendation and made technical changes for purposes of gender neutrality; P.A. 05-170 designated existing provisions re finding and decision of Claims Commissioner as Subsec. (a) and amended said Subsec. to require the decision be rendered as provided in Sec. 4-158(a), add references to an “authorization” of the Claims Commissioner and make a technical change, designated existing provisions re notice to the claimant as Subsec. (b) and amended said Subsec. to require the notice be given if the claim will be “automatically” submitted pursuant to Sec. 4-159(a)(1), require the notice be written and indicate that the General Assembly may “modify” rather than “alter” the recommendation and may remand the claim to the Claims Commissioner and added new Subsec. (c) re notice to claimant when claimant has right to request General Assembly to review decision; Sept. Sp. Sess. P.A. 09-7 replaced references to clerk with references to Office of the Claims Commissioner, effective October 5, 2009; P.A. 16-127 amended Subsec. (a) by adding “or the magistrate”, amended Subsec. (b) by substituting “Office of the Claims Commissioner” for “Claims Commissioner” and amended Subsec. (c) by substituting “remand the claim to the Office of the Claims Commissioner” for “remand the claim to the Claims Commissioner”, effective June 9, 2016; P.A. 23-131 amended Subsec. (a) by adding references to “Deputy Claims Commissioner”, replacing “magistrate” with “temporary deputy” and replacing “deliver a copy” with “provide a copy”, effective July 1, 2023.
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Sec. 4-156. Rehearings. Upon the discovery of new evidence, any claimant aggrieved by an order of the Claims Commissioner rejecting or recommending the rejection of the claimant's claim, in whole or in part, may apply for rehearing. The claimant shall file with the Office of the Claims Commissioner an application for such rehearing, stating concisely in the application the matters which he or she desires to submit to the Office of the Claims Commissioner. The Office of the Claims Commissioner shall promptly provide a copy of the application to the Attorney General. The Attorney General shall review the application in the manner specified in subsection (a) of section 4-149. If such review discloses to the satisfaction of the Attorney General that protection of the state's interest does not reasonably require representation before the Office of the Claims Commissioner by the Attorney General, the Attorney General shall refer the application to the state agency or department involved in the claim for representation of the state before the Office of the Claims Commissioner not later than ninety days after receipt of the application by the Attorney General. Each such rehearing shall be subject to the provisions of this chapter and the rules made thereunder respecting the hearing and disposition of claims and reports to the General Assembly.
(1959, P.A. 685, S. 21; P.A. 75-605, S. 13, 27; P.A. 84-264, S. 4, 5; Sept. Sp. Sess. P.A. 09-7, S. 173; P.A. 16-127, S. 14; P.A. 23-131, S. 13.)
History: P.A. 75-605 replaced commission with claims commissioner and executive secretary with clerk of the office of the claims commissioner; P.A. 84-264 added provisions re review of application for rehearing by the attorney general, determination of whether representation by the attorney general is required and referral by the attorney general of application to state agency or department involved in the claim within 90 days of receipt of claim; Sept. Sp. Sess. P.A. 09-7 deleted reference to clerk of the office and made technical changes, effective October 5, 2009; P.A. 16-127 substituted “Office of the Claims Commissioner” for “Claims Commissioner” and made technical changes, effective June 9, 2016; P.A. 23-131 deleted requirement that application for rehearing be filed “in duplicate”, replaced “deliver a copy of the application” with “provide a copy of the application” and made a technical change, effective July 1, 2023.
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Sec. 4-158. Decision by Claims Commissioner, Deputy Claims Commissioner or temporary deputy. Request for legislative review. Payment of smaller claims. Annual report to General Assembly. (a) The Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy may (1) order that a claim be denied or dismissed, (2) order immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars, (3) recommend to the General Assembly payment of a just claim in an amount exceeding thirty-five thousand dollars, or (4) authorize a claimant to sue the state, as provided in section 4-160.
(b) Any person who has filed a claim may request the General Assembly to review a decision of the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy (1) ordering the denial or dismissal of the claim pursuant to subdivision (1) of subsection (a) of this section, including denying or dismissing a claim that requests permission to sue the state, or (2) ordering immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) of this section. A person who has filed a claim that has been denied or dismissed by a temporary deputy pursuant to subsection (d) of section 4-160 may request the General Assembly to review such denial or dismissal. A request for review shall be in writing and filed with the Office of the Claims Commissioner not later than twenty days after the date the person requesting such review receives a copy of the decision. The filing of a request for review shall automatically stay the decision of the Claims Commissioner or temporary deputy.
(c) The Office of the Claims Commissioner shall submit each claim for which a request for review is filed pursuant to this section to the General Assembly pursuant to section 4-159.
(d) If the Claims Commissioner orders immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) of this section and a request for review is not timely filed pursuant to subsection (b) of this section, the Office of the Claims Commissioner shall deliver to the Comptroller a certified copy of the Claims Commissioner's order and the Comptroller shall make payment from such appropriation as the General Assembly may have made for the payment of claims or, in the case of contractual claims for goods or services furnished or for property leased, from the appropriation of the agency which received such goods or services or occupied such property.
(e) Whenever the Claims Commissioner deems it just and equitable, the Claims Commissioner may, at any time prior to the submission of a claim to the General Assembly pursuant to subsection (a) of section 4-159, vacate the decision made pursuant to subsection (a) of this section and undertake such further proceedings in accordance with this chapter as the Claims Commissioner may, in his or her discretion, deem appropriate.
(f) Not later than five days after the convening of each regular session, the Office of the Claims Commissioner shall report to the General Assembly on all claims decided pursuant to this section during the preceding calendar year. Such report shall include, but not be limited to, the following information for the preceding calendar year: (1) The total number of new claims filed; (2) the total number of claims disposed of; (3) the total number of claims that were dismissed; (4) the total number of claims that were denied; (5) a description of each order of immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars, which description shall minimally include, the name of the claimant, the amount paid to the claimant and the reasoning for the payment to the claimant; and (6) the total number of claimants who were authorized to sue the state.
(1959, P.A. 685, S. 11; 1961, P.A. 476, S. 6; P.A. 75-605, S. 15, 27; P.A. 84-407, S. 1, 5; P.A. 05-170, S. 1; P.A. 09-44, S. 1; Sept. Sp. Sess. P.A. 09-7, S. 174; P.A. 13-225, S. 6; P.A. 16-127, S. 16; P.A. 19-182, S. 2; P.A. 21-91, S. 4; P.A. 22-79, S. 1; P.A. 23-131, S. 8.)
History: 1961 act specified payments in case of contractual claims for goods or services be made from agency's appropriation and added Subsec. (b); P.A. 75-605 replaced commission with claims commissioner and executive secretary with clerk of the office of the claims commissioner and raised limit for immediately payable claims and for those brought before the general assembly from $2,500 to $5,000; P.A. 84-407 amended section by increasing claim which commissioner may immediately approve from $5,000 to $7,500 and similarly amended corresponding provision re claims submitted to general assembly; P.A. 05-170 added Subsec. (a)(1) re authority to order that a claim be denied or dismissed, designating existing provision re authority to order immediate payment of a just claim in an amount not exceeding $7,500 as Subdiv. (2), added (a)(3) and (4) re authority to recommend payment of a just claim in an amount exceeding $7,500 and authority to authorize a claimant to sue the state, added new Subsec. (b) to authorize a person who has filed a claim for more than $7,500 to request the General Assembly to review a decision of the Claims Commissioner ordering the denial or dismissal of the claim or ordering immediate payment of the claim in an amount not exceeding $7,500, require the request be in writing and filed not later than 20 days after receipt of the decision and provide that the filing of the request automatically stays the decision, added new Subsec. (c) requiring the Claims Commissioner to submit each claim for which a request for review is filed to the General Assembly, designated existing provisions re delivery of a certified copy of the Claims Commissioner's order and payment by the Comptroller when the immediate payment of a claim in an amount not exceeding $7,500 is ordered as Subsec. (d) and amended said Subsec. to make provisions applicable if a request for review is not timely filed pursuant to Subsec. (b), designated existing provisions requiring the Claims Commissioner to report to the General Assembly on all claims decided pursuant to this section as Subsec. (e) and deleted former Subsec. (b) re procedure when a person wishes to protest an award and waive immediate payment; P.A. 09-44 added new Subsec. (e) authorizing Claims Commissioner to vacate a decision and undertake further proceedings deemed appropriate and redesignated existing Subsec. (e) as Subsec. (f), effective May 20, 2009, and applicable to claims filed prior to, on or after that date; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (d) by deleting reference to clerk of the office, effective October 5, 2009; P.A. 13-225 amended Subsecs. (a), (b) and (d) to increase both the maximum amount for immediately payable just claims and the threshold amount for claims submitted to the General Assembly from $7,500 to $20,000, effective July 1, 2013; P.A. 16-127 amended Subsecs. (c) and (f) by substituting “Office of the Claims Commissioner” for “Claims Commissioner”, effective June 9, 2016; P.A. 19-182 amended Subsecs. (a), (b)(2) and (d) to increase both maximum amount for immediately payable just claims and threshold amount for recommended payment of claims which require review by the General Assembly from $20,000 to $35,000 and amended Subsec. (b) to increase threshold amount of a filed claim for which claimant may request review of decision of the Claims Commissioner by the General Assembly from $20,000 to $50,000, effective October 1, 2019, and applicable to any claim filed on or after October 1, 2019; P.A. 21-91 amended Subsec. (b) by adding provision re claims denied or dismissed by temporary deputy and adding reference to temporary deputy re staying decision, effective June 28, 2021; P.A. 22-79 amended Subsec. (f) by prescribing required content of report submitted to General Assembly; P.A. 23-131 amended Subsecs. (a) and (b) by adding references to “Deputy Claims Commissioner” and “temporary deputy” and further amended Subsec. (b) by removing requirement that a claim be for $50,000 or more in order for the claimant to seek review of the decision of the Claims Commissioner, Deputy Claims Commissioner or a temporary deputy, effective July 1, 2023.
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Sec. 4-159. Submission of certain claims to legislature. Review and disposition of claims by legislature. (a) Not later than five days after the convening of each regular session and at such other times as the speaker of the House of Representatives and president pro tempore of the Senate may desire, the Office of the Claims Commissioner shall submit to the General Assembly (1) all claims for which the Claims Commissioner, the Deputy Commissioner or a temporary deputy recommended payment of a just claim in an amount exceeding thirty-five thousand dollars pursuant to subdivision (3) of subsection (a) of section 4-158, and (2) all claims for which a request for review has been filed pursuant to subsection (b) of section 4-158, together with a copy of the Claims Commissioner's, Deputy Commissioner's or temporary deputy's findings and the hearing record, if any, of each claim so reported.
(b) The General Assembly shall:
(1) With respect to a decision of the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy ordering the denial or dismissal of a claim pursuant to subdivision (1) of subsection (a) of section 4-158 or a decision of a temporary deputy ordering the denial or dismissal of a claim pursuant to subsection (d) of section 4-160:
(A) Confirm the decision; or
(B) Vacate the decision and, in lieu thereof, (i) order the payment of the claim in a specified amount, or (ii) authorize the claimant to sue the state;
(2) With respect to a decision of the Claims Commissioner ordering the immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) of section 4-158:
(A) Confirm the decision;
(B) Modify the decision by ordering that a different amount be paid; or
(C) Vacate the decision and, in lieu thereof, (i) order no payment be made, or (ii) authorize the claimant to sue the state;
(3) With respect to a decision of the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy recommending payment of a just claim in an amount exceeding thirty-five thousand dollars pursuant to subdivision (3) of subsection (a) of section 4-158:
(A) Accept the recommendation and order payment of the specified amount;
(B) Modify the recommendation by ordering that a different amount be paid; or
(C) Reject the recommendation and, in lieu thereof, (i) order no payment be made, or (ii) authorize the claimant to sue the state; or
(4) With respect to a decision of the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy pursuant to subdivision (1), (2) or (3) of subsection (a) of section 4-158, or a decision of a temporary deputy pursuant to subsection (d) of section 4-160, remand the claim to the Office of the Claims Commissioner for such further proceedings as the General Assembly may direct.
(c) The General Assembly may grant the claimant permission to sue the state under the provisions of this section when the General Assembly deems it just and equitable and believes the claim to present an issue of law or fact under which the state, were it a private person, could be liable.
(d) If the General Assembly orders the payment of a claim, the Office of the Claims Commissioner shall provide a copy of the order to the Comptroller and the Comptroller shall make payment in the manner prescribed for payment of an order of the Claims Commissioner pursuant to section 4-158.
(e) The review by the General Assembly of claims submitted to it by the Office of the Claims Commissioner under this section shall be conducted in accordance with such procedures as the General Assembly may prescribe.
(1959, P.A. 685, S. 12; 1961, P.A. 476, S. 7; P.A. 75-605, S. 16, 27; P.A. 84-407, S. 4, 5; P.A. 89-208, S. 1, 2; P.A. 90-284, S. 1; P.A. 05-170, S. 2; P.A. 07-217, S. 8; Sept. Sp. Sess. P.A. 09-7, S. 175; P.A. 13-225, S. 7; P.A. 16-127, S. 17; P.A. 19-182, S. 3; P.A. 21-91, S. 5; P.A. 23-131, S. 9.)
History: 1961 act substituted “amounts exceeding” for “claims for more than” $2,500; P.A. 75-605 replaced commission with claims commissioner and raised amount of claims brought before the general assembly from $2,500 to $5,000; P.A. 84-407 amended section by increasing amount of claim to $7,500; P.A. 89-208 authorized the general assembly to grant or deny the claimant permission to sue the state when it rejects the recommendation of the claims commissioner and deleted the provision that stated the general assembly shall not be required to hold public hearings on the recommendations of the claims commissioner; P.A. 90-284 added provision specifying the standard for the general assembly to apply when granting permission to sue the state; P.A. 05-170 designated existing provisions re submission to the General Assembly of the recommendations of the Claims Commissioner, together with the findings and hearing record of each claim, and the time frame therefor, as Subsec. (a) and amended said Subsec. to replace requirement that the Claims Commissioner, after hearing, make and submit his recommendations to the General Assembly for the payment or rejection of amounts exceeding $7,500 with the requirement that the Claims Commissioner submit all claims where payment in an amount exceeding $7,500 was recommended pursuant to Sec. 4-158(a)(3) and all claims for which a request for review has been filed pursuant to Sec. 4-158(b), replaced provision authorizing the General Assembly to accept or alter any such recommendation or reject any such recommendation and grant or deny the claimant permission to sue the state with new Subsec. (b) requiring the General Assembly to take action with respect to certain decisions of the Claims Commissioner and setting forth the dispositional options available to it for each type of decision, designated existing provision re authority of the General Assembly to grant the claimant permission to sue the state and the standard therefor as Subsec. (c), added new Subsec. (d) re procedure for payment by the Comptroller if the General Assembly orders payment and added new Subsec. (e) re procedure for the review of claims by the General Assembly; P.A. 07-217 made a technical change in Subsec. (a), effective July 12, 2007; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (d) by deleting reference to clerk of the office, effective October 5, 2009; P.A. 13-225 amended Subsecs. (a) and (b) to increase both the maximum amount for immediately payable just claims and the threshold amount for claims submitted to the General Assembly from $7,500 to $20,000, effective July 1, 2013; P.A. 16-127 amended Subsec. (a) by substituting “Office of the Claims Commissioner shall submit” for “Claims Commissioner shall submit” and adding references to magistrate and amended Subsecs. (b)(4) and (e) by substituting “Office of the Claims Commissioner” for “Claims Commissioner”, effective June 9, 2016; P.A. 19-182 amended Subsecs. (a)(1), (b)(2) and (b)(3) by replacing $20,000 with $35,000, effective October 1, 2019, and applicable to any claim filed on or after October 1, 2019; P.A. 21-91 added provisions re temporary deputies in Subsecs. (a)(2), (b)(1) and (b)(4) and amended Subsec. (a)(2) to add “if any”, effective June 28, 2021; P.A. 23-131 amended Subsec. (a) by deleting references to “magistrate” and adding references to “Deputy Commissioner” and “temporary deputy”, amended Subsec. (b) by adding references to “Deputy Claims Commissioner” and “temporary deputy” and amended Subsec. (d) by replacing “deliver to the Comptroller a notice of the order” with “provide a copy of the order to the Comptroller”, effective July 1, 2023.
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Sec. 4-159a. Report re claims not timely disposed of. Notice to claimants. Action by General Assembly. (a)(1) Not later than five days after the convening of each regular session, the Claims Commissioner shall report to the General Assembly on all claims that have been filed with the Office of the Claims Commissioner pursuant to section 4-147 and have not been disposed of by the Office of the Claims Commissioner within two years of the date of filing or within any extension thereof granted by the General Assembly pursuant to subsection (c) of this section, except claims in which the parties have not objected within thirty days to an extension of time sought by the Office of the Claims Commissioner for said office to dispose of the claim. (2) The report submitted by the Claims Commissioner pursuant to subdivision (1) of this subsection shall minimally include (A) an explanation as to why the claim has not been disposed of, and (B) the date by which a decision will be rendered on the claim in the event the General Assembly were to grant the Office of the Claims Commissioner an extension of time to dispose of the claim.
(b) The Office of the Claims Commissioner shall give notice to all claimants whose claims are the subject of a report as provided in subsection (a) of this section that their claims will be considered at the next regular session of the General Assembly pursuant to subsection (c) of this section.
(c) With respect to any claim that is the subject of a report as provided in subsection (a) of this section, the General Assembly may (1) grant the Office of the Claims Commissioner an extension for a period specified by the General Assembly to dispose of such claim, (2) grant the claimant permission to sue the state, (3) grant an award to the claimant, or (4) deny the claim.
(P.A. 01-167, S. 1; P.A. 16-127, S. 18; P.A. 22-79, S. 2; P.A. 23-131, S. 15.)
History: P.A. 16-127 deleted former Subsec. (a)(1) re report to the General Assembly on claims not disposed of within 3 years of the date of filing, redesignated existing Subsec. (a)(2) as Subsec. (a) and amended same by substituting “Office of the Claims Commissioner” for “Claims Commissioner” and by making technical changes and amended Subsecs. (b) and (c) by substituting “Office of the Claims Commissioner” for “Claims Commissioner”, effective June 9, 2016; P.A. 22-79 redesignated existing Subsec. (a) as Subsec. (a)(1) and changed “Office of the Claims Commissioner” to “Claims Commissioner” and added Subsec. (a)(2) prescribing minimal content of annual report to General Assembly; P.A. 23-131 amended Subsec. (a)(1) by replacing “parties have stipulated to an extension of time for the Office of the Claims Commissioner to dispose of the claim” with “parties have not objected within thirty days to an extension of time sought by the Office of the Claims Commissioner for said office to dispose of the claim”, effective July 1, 2023.
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Sec. 4-160. Authorization of actions against the state. (a) Whenever the Claims Commissioner deems it just and equitable, the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy may authorize suit against the state on any claim which, in the opinion of the Claims Commissioner, presents an issue of law or fact under which the state, were it a private person, could be liable. The Claims Commissioner may grant permission to sue for a claim that exclusively seeks permission to sue the state based solely on the notice of claim or any supporting evidence submitted pursuant to section 4-147, or both, without holding a hearing, upon the filing by the attorney or pro se claimant of (1) a motion for approval to assert a claim without a hearing, requesting a ruling based solely on the notice of the claim and any supporting evidence submitted under the provisions of this chapter, and (2) an affidavit attesting to the validity of a claim. Such affidavit shall be signed, notarized and filed by both the attorney and claimant or a pro se claimant, attesting to the following, in the following form: “I have made a reasonable inquiry, as permitted by the circumstances, which has given rise to a good faith belief that grounds exist for a suit against the state. Such inquiry includes (provide a brief description of the inquiry made)”. The claimant shall serve any motion for approval and affidavit on the office of the Attorney General and any state agency that is a subject of the claim. The state may file an opposition to the motion for approval and the affidavit not later than thirty days after such service of the motion and affidavit. Such opposition shall be limited to opposition of the claim based solely on jurisdictional grounds, including pursuant to section 4-142, or subsection (a) of section 4-148, or prosecutorial, judicial, quasi-judicial or legislative immunity.
(b) Any claim exclusively requesting permission to sue the state that was filed more than three years prior to July 1, 2023, that has not been disposed of by the Office of the Claims Commissioner, shall be referred to a temporary deputy for proceedings in accordance with subsection (d) of this section, unless the claimant expressly states the desire to have such claim remain before the Claims Commissioner.
(c) If a claim exclusively requesting permission to sue the state remains pending with the Office of the Claims Commissioner eighteen months after the date on which such claim was filed with the office, a claimant may file a notice indicating the passage of such eighteen months with the Attorney General, the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. The Claims Commissioner shall issue a decision on such claim not later than ninety days after the filing of such notice. If the Claims Commissioner does not issue a decision during such ninety-day period, the claim shall be referred to a temporary deputy for proceedings in accordance with subsection (d) of this section. The provisions of this subsection shall not apply to a claim in which the parties have not objected to an extension of time for the Office of the Claims Commissioner to dispose of the claim.
(d) (1) If a claim is referred to a temporary deputy under subsection (b) or (c) of this section, such temporary deputy shall review the notice of claim, the state's notice of opposition and any discovery or other supporting evidence, and may, if the temporary deputy deems it necessary, hold a conference with the parties using telephonic or video conferencing technology. Consideration of the state's opposition to such claims shall be limited to jurisdictional grounds or prosecutorial, judicial, quasi-judicial or legislative immunity. The temporary deputy shall make a determination to deny or dismiss a claim or authorize a claimant to sue the state, not later than ninety days after the claim is referred to such temporary deputy. A temporary deputy shall authorize suit against the state if the claim, in the opinion of the temporary deputy, presents an issue of law or fact under which the state, were it a private person, could be liable. If the resolution of the state's opposition to the claim is based on a dispute of a material fact, the temporary deputy shall grant permission to sue the state and preserve the state's right to pursue such defense in court.
(2) A temporary deputy shall make a finding of fact for each claim and file such finding with the order or authorization disposing of the claim with the Claims Commissioner. The temporary deputy shall provide a copy of such finding and order or authorization to the claimant and to the representative for the state, which representative may in appropriate cases be the Attorney General.
(e) A claimant exclusively seeking permission to sue the state shall be deemed to have been granted permission to sue the state by the Claims Commissioner if the Attorney General files with the Office of the Claims Commissioner a signed stipulation authorizing permission to sue the state for a particular claim of the claimant.
(f) In any claim alleging malpractice against the state, a state hospital or against a physician, surgeon, dentist, podiatrist, chiropractor or other licensed health care provider employed by the state, the attorney or pro se party filing the claim may submit a certificate of good faith to the Office of the Claims Commissioner in accordance with section 52-190a. If such a certificate is submitted, permission to sue the state shall be deemed granted by the Claims Commissioner (1) on June 28, 2021, if the certificate has been filed with the Claims Commissioner prior to June 28, 2021, or (2) upon the filing of the certificate with the Office of the Claims Commissioner, if such certificate is filed on or after June 28, 2021. In lieu of filing a notice of claim pursuant to section 4-147, a claimant may commence a medical malpractice action against the state prior to the expiration of the limitation period set forth in section 4-148 and authorization for such action against the state shall be deemed granted. Any such action shall be limited to medical malpractice claims only and any such action shall be deemed a suit otherwise authorized by law in accordance with subsection (a) of section 4-142. The provisions of this subsection shall apply to any claim alleging malpractice against the state that was timely filed with the Claims Commissioner and remains pending with said commissioner, regardless of whether such claim was filed before, on or after October 1, 2019.
(g) After completion of discovery in a suit filed in the Superior Court after receiving permission to sue the state on the basis of an affidavit attesting to the validity of a claim filed in accordance with subsection (a) of this section, if the court determines that such affidavit was not made in good faith, that no justiciable issue was presented against the state and that the state cooperated in good faith with the claimant by providing informal discovery, the court, upon motion or on its own initiative, shall impose upon the attorney and claimant or pro se claimant who signed such affidavit an appropriate sanction, which may include an order to pay to the state the reasonable expenses incurred by the state because of the filing of the suit. The court may also submit the matter to the appropriate authority for disciplinary review of any attorney who submitted the affidavit.
(h) In each action authorized by the Claims Commissioner or a temporary deputy, or any action where permission to sue the state has been deemed to have been granted by the Claims Commissioner, pursuant to subsections (a) to (f), inclusive, of this section or by the General Assembly pursuant to section 4-159, or 4-159a, the claimant shall allege such authorization or permission and the date on which it was granted, except that evidence of such authorization or permission shall not be admissible in such action as evidence of the state's liability. Except as provided in subsection (d) of this section, (1) the state waives its immunity from liability and from suit in each such action and waives all defenses which might arise from the eleemosynary or governmental nature of the activity complained of, and (2) the rights and liability of the state in each such action shall be coextensive with and shall equal the rights and liability of private persons in like circumstances.
(i) No such action shall be brought but within one year from the date such authorization becomes effective or permission to sue is granted, whichever date is later. With respect to any claim presented to the Office of the Claims Commissioner for which authorization or permission to sue is granted, any statute of limitation applicable to such action shall be tolled until the date such authorization or permission to sue is granted. The claimant shall bring such action against the state as party defendant in the judicial district in which the claimant resides or, if the claimant is not a resident of this state, in the judicial district of Hartford or in the judicial district in which the claim arose.
(j) Civil process directed against the state shall be served as provided by section 52-64.
(k) Issues arising in such actions shall be tried to the court without a jury.
(l) The laws and rules of practice governing disclosures in civil actions shall apply against state agencies and state officers and employees possessing books, papers, records, documents or information pertinent to the issues involved in any such action.
(m) The Attorney General, with the consent of the court, may compromise or settle any such action. The terms of every such compromise or settlement shall be expressed in a judgment of the court.
(n) Costs may be allowed against the state as the court deems just, consistent with the provisions of chapter 901.
(o) The clerk of the court in which judgment is entered against the state shall forward a certified copy of such judgment to the Comptroller. The Attorney General shall certify to the Comptroller when the time allowed by law for proceeding subsequent to final judgment has expired and the Attorney General shall designate the state agency involved in the action. Upon receipt of such judgment and certification the Comptroller shall make payment as follows: Amounts directed by law to be paid from a special fund shall be paid from such special fund; amounts awarded upon contractual claims for goods or services furnished or for property leased shall be paid from the appropriation of the agency which received such goods or services or occupied such property; all other amounts shall be paid from such appropriation as the General Assembly may have made for the payment of claims.
(p) Not later than five days after the convening of each regular session, the Attorney General shall report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on the status and disposition of all actions authorized pursuant to this section or section 4-159, or brought against the state under any other provision of law and in which the interests of the state are represented by the Attorney General. The report shall include: (1) The number of such actions pending in state and federal court, categorized by the alleged ground for the action, (2) the number of new actions brought in the preceding year in state and federal court, categorized by the alleged ground for the action, (3) the number of actions disposed of in the preceding year, categorized by the ground for the action that was disposed of and whether the action was disposed of by settlement or litigation to final judgment, and the amount paid for actions within the respective categories, and (4) such other information as may be requested, from time to time, by the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. The report shall identify each action disposed of by payment of an amount exceeding one hundred thousand dollars.
(1959, P.A. 685, S. 13; 1961, P.A. 476, S. 8; P.A. 75-605, S. 17, 27; P.A. 78-280, S. 2, 5, 6, 127; P.A. 84-407, S. 2, 5; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; 90-284, S. 2; P.A. 92-34, S. 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-120; P.A. 95-220, S. 4–6; P.A. 98-76, S. 1; P.A. 01-167, S. 3; P.A. 05-170, S. 4; P.A. 16-127, S. 19; P.A. 19-182, S. 4; P.A. 21-91, S. 6; P.A. 22-37, S. 3, 4; P.A. 23-131, S. 10.)
History: 1961 act added to Subsec. (h) provision that amounts awarded on contractual claims be paid from appropriation of agency receiving goods or services; P.A. 75-605 replaced commission with claims commissioner and deleted specific dollar amount for claims in suits against the state under Subsec. (a); P.A. 78-280 deleted words “county or” in the phrase “county or judicial district” and replaced “Hartford county” with “judicial district of Hartford-New Britain”; P.A. 84-407 amended Subsec. (b) to provide one-year statute of limitations on actions authorized by claims commissioner from the date such authorization to sue was granted; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 90-284 divided former Subsec. (a) into Subsecs. (a) and (b) and relettered remaining Subsecs. accordingly, and amended Subsecs. (b) and (j) to make provisions of section applicable to actions authorized by the general assembly pursuant to Sec. 4-159; P.A. 92-34 amended Subsec. (c) to provide that any statute of limitation applicable to such action shall be tolled until the date authorization to sue is granted; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 94-120 amended Subsec. (c) to make the provision re tolling of any statute of limitation applicable with respect to any claim pending before the claims commissioner on October 1, 1992, or presented to the claims commissioner on or after said date for which authorization to sue is granted; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 98-76 added new Subsec. (b) authorizing the submission of a certificate of good faith in medical malpractice claims and requiring the Claims Commissioner to authorize suit against the state if such a certificate is submitted, redesignating the remaining Subsecs. accordingly, and amended Subsec. (c) to add reference to Subsec. (b); P.A. 01-167 amended Subsec. (c) to include actions authorized by the General Assembly pursuant to Sec. 4-159a and to add exception that evidence of an authorization shall not be admissible in an action as evidence of the state's liability; P.A. 05-170 amended Subsecs. (a) and (j) to make technical changes for purposes of gender neutrality and amended Subsec. (k) to require the Attorney General to report to the “joint standing committee of the General Assembly on the judiciary” rather than to the “General Assembly”, require the report to include actions “brought against the state under any other provision of law and in which the interests of the state are represented by the Attorney General”, add provision requiring the report to include information re the number of pending actions, the number of new actions brought in the preceding year, the number of actions disposed of in the preceding year and the amount paid for those actions, and such other information as requested by the judiciary committee of the General Assembly, and add provision requiring the report to identify each action disposed of by payment of an amount exceeding $100,000; P.A. 16-127 amended Subsec. (a) by making a technical change, amended Subsec. (b) by deleting “or a sanitorium” and by substituting “to the Office of the Claims Commissioner” for “to the Claims Commissioner” in provision re submission of certificate of good faith, amended Subsec. (d) by deleting reference to claim pending before Claims Commissioner on October 1, 1992, substituting “Office of the Claims Commissioner” for “Claims Commissioner” and making technical and conforming changes and amended Subsec. (k) by making technical changes, effective June 9, 2016; P.A. 19-182 amended Subsec. (a) to add provisions permitting Claims Commissioner to hold hearing on sole issue of state's liability whenever person files claim that exclusively seeks permission to sue the state and amended Subsec. (b) to add provision permitting claimant to commence medical malpractice action against state in lieu of filing notice of claim pursuant to Sec. 4-147, effective October 1, 2019, and applicable to any claim filed on or after October 1, 2019; P.A. 21-91 amended Subsec. (a) to substantially revise provisions re claims that exclusively seek permission to sue the state, added new Subsecs. (b) to (e) re referral to temporary deputy, notice of passage of 18 months after filing of claim, duties of temporary deputy and claimant deemed granted permission to sue, respectively, redesignated existing Subsec. (b) as Subsec. (f) and amended same to add “pro se”, provisions re permission to sue the state deemed granted on filing of certificate of good faith and re applicability to claims, added new Subsec. (g) re sanctions by Superior Court, redesignated existing Subsec. (c) as Subsec. (h) and amended same to apply to actions authorized by temporary deputy or where permission to sue the state has been deemed granted, add Subdiv. designators (1) and (2) and make technical and conforming changes, redesignated existing Subsec. (d) as Subsec. (i) and amended same to add “becomes effective or permission” and “, whichever date is later” and make conforming changes, and redesignated existing Subsecs. (e) to (k) as Subsecs. (j) to (p), effective June 28, 2021; P.A. 22-37 made technical changes in Subsecs. (a) and (f); P.A. 23-131 amended Subsec. (a) by adding that the “Deputy Claims Commissioner or a temporary deputy” may also authorize suit against the state, amended Subsec. (b) by replacing “June 28, 2021” with “July 1, 2023” re 3 year look back period used to determine claims that may be referred to a temporary deputy and by making a technical change, amended Subsec. (c) by deleting provision that prohibited referral of claims to a temporary deputy on and after July 1, 2023, by replacing “stipulated to an extension of time” with “not objected to an extension of time” and by making technical changes and amended Subsec. (d)(2) by replacing “temporary deputy shall deliver a copy” with “temporary deputy shall provide a copy”, effective July 1, 2023.
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Sec. 4-165b. Claims against the state by inmates. (a) Any inmate, as defined in section 18-84, who suffers an injury may file a claim against the state. Such claim shall be heard and decided in accordance with the provisions of this chapter, provided no such claim shall be presented to the Office of the Claims Commissioner until the inmate has exhausted all administrative remedies provided by the Department of Correction. Notwithstanding the provisions of this subsection, the legal representative of the estate of an inmate may present to the Office of the Claims Commissioner a claim against the state prior to having exhausted any administrative remedy provided by the Department of Correction.
(b) In addition to the information required by section 4-147, an inmate's notice of claim shall include a description of the administrative remedies that have been exhausted. An inmate shall present such claim to the Office of the Claims Commissioner not later than one year after the date on which the inmate exhausted all administrative remedies.
(P.A. 76-136, S. 1, 2, 4; P.A. 93-91, S. 1, 2.; P.A. 02-89, S. 6; P.A. 16-127, S. 23; P.A. 23-131, S. 14.)
History: P.A. 93-91 substituted department of children and families for department of children and youth services, effective July 1, 1993; P.A. 02-89 deleted as obsolete former Subsec. (b) requiring that all matters pending on May 3, 1976, before a committee established pursuant to Sec. 18-95 be construed as pending with the same status with the claims commissioner on said date, and made a technical change; P.A. 16-127 designated existing provision re inmate who suffers injury as Subsec. (a) and substantially revised same to provide that inmate may file claim against the state after exhausting administrative remedies provided by Department of Correction, added Subsec. (b) re required information to be included in inmate's notice of claim and time period for presenting claim and added Subsec. (c) re limitation on Claims Commissioner's authority to grant waiver of filing fee to an inmate, effective June 9, 2016; P.A. 23-131 deleted former Subsec. (c) re limitation on Claims Commissioner's authority to grant waiver of filing fee to an inmate, effective July 1, 2023.
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