Sec. 4-149. Representation by the Attorney General.
Sec. 4-149. Representation by the Attorney General. (a) The Attorney General
shall review each claim delivered 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 clerk of the Office of the Claims Commissioner a notice of opposition, in
duplicate, containing a concise statement of such representative's objections. The clerk
shall promptly deliver a copy thereof 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.)
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).
Cited. 186 C. 300.