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Connecticut General Statutes (Last Updated: November 2, 2019) |
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Volume 1. |
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Title 4. Management of State Agencies |
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Chapter 53. Claims Against the State |
| Sec. 4-141. Definitions. |
| Sec. 4-142. Office of the Claims Commissioner. Excepted claims. Staff. Hearing and determination of claims. |
| Sec. 4-142a. Appointment. Term. Qualifications. Compensation. Contractual agreements. Receipt of money, revenue or services. |
| Sec. 4-142b. Office of the Claims Commissioner. Authority of Claims Commissioner to appoint magistrates. Establishment of rules. |
| Secs. 4-143to4-145. Appointment, removal, compensation of commission. Chairman; executive secretary; office. Quorum; all members to participate in claim disposition. |
| Sec. 4-146. Notice of injury by claimant. |
| Sec. 4-147. Notice of claim. Filing fees. |
| Sec. 4-148. Limitation on presentation of claim. Exceptions. |
| Sec. 4-149. Representation by the Attorney General. |
| Sec. 4-150. Subpoenas and papers served upon or delivered to the Office of the Claims Commissioner. |
| Sec. 4-151. Hearings. |
| Sec. 4-151a. Waiver of hearings. |
| Sec. 4-152. Misbehavior at proceedings. |
| Sec. 4-153. Records of claims. |
| Sec. 4-154. Time limit for decision. Notice to claimant. |
| Sec. 4-155. Disqualification of commission member. |
| Sec. 4-156. Rehearings. |
| Sec. 4-157. Rules of procedure. |
| Sec. 4-158. Decision by Claims Commissioner. Request for legislative review. Payment of smaller claims. |
| Sec. 4-159. Submission of certain claims to legislature. Review and disposition of claims by legislature. |
| Sec. 4-159a. Report re claims not timely disposed of. Notice to claimants. Action by General Assembly. |
| Sec. 4-160. Authorization of actions against the state. |
| Sec. 4-160a. Payments not recoverable under insurance policy. |
| Sec. 4-160b. Subrogated or assigned claims. Reduction by amount of third party payment. |
| Sec. 4-161. Statement of claimant denying payment of commission or use of improper influence required. |
| Sec. 4-162. Deficiency appropriation to cover payments. |
| Sec. 4-163. Fraud in presentation of claim. |
| Sec. 4-164. Appeal from forfeiture. |
| Sec. 4-164a. Office of the Claims Commissioner exempt from certain provisions of the Uniform Administrative Procedure Act. |
| Sec. 4-165. Immunity of state officers and employees from personal liability. |
| Sec. 4-165a. Transitional provisions. |
| Sec. 4-165b. Claims against the state by inmates. |
| Sec. 4-165c. Immunity of the state and its officials, employees and agents from certain actions. |
Notations
*Cited. 166 C. 251. The legislative intent expressed by chapter is that an employee is immune when the state is sued and that the state may be sued in instances where a private person would be liable; the immunity conferred and the liability assumed by the state under chapter was not intended to extend to the acts and omissions of a public defender which arise during the course of the attorney-client relationship and over which the state has no right of control. 168 C. 563. Without its consent, state is immune from suit for liability; Connecticut Constitution Art. XI, Sec. 4 and chapter provided for adjudication of claims against the state with its permission. 172 C. 603. Cited. 177 C. 268. Chapter does not apply to teachers in local school systems. 180 C. 96. Cited. 186 C. 300; 191 C. 222; 195 C. 534; 204 C. 17; 212 C. 415; 216 C. 85; 227 C. 545; 238 C. 146; 239 C. 265. On claim for money damages, plaintiffs must seek waiver from Claims Commissioner before bringing action against state in Superior Court regardless of whether plaintiffs have alleged that state officers acted in excess of statutory authority. 265 C. 301. When plaintiff brings action for money damages against state, he must proceed through Office of the Claims Commissioner pursuant to chapter; otherwise, the action will be dismissed for lack of subject matter jurisdiction under doctrine of sovereign immunity. Id., 338. Chapter delegated to Claims Commissioner duty formerly held by legislature to review all claims against state for monetary damages; chapter pertains exclusively to claims for monetary damages against state. 271 C. 96. Defendant must first obtain permission from Claims Commissioner to bring legal counterclaims seeking monetary damages from the state; statutes do not demonstrate a legislative intent to treat counterclaims differently than claims asserted by plaintiffs. 310 C. 60.
Cited. 12 CA 449; 41 CA 61. Action against state for money damages is barred by sovereign immunity and must be dismissed by court for lack of subject matter jurisdiction unless plaintiff has received permission from Claims Commissioner to bring the action or pleaded a valid exception to doctrine of sovereign immunity. 86 CA 748.
Cited. 36 CS 293.