Sec. 4-158. Decision by Claims Commissioner. Request for legislative review. Payment of smaller claims.
Sec. 4-158. Decision by Claims Commissioner. Request for legislative review.
Payment of smaller claims. (a) The Claims Commissioner may (1) order that a claim
be denied or dismissed, (2) order immediate payment of a just claim in an amount not
exceeding seven thousand five hundred dollars, (3) recommend to the General Assembly
payment of a just claim in an amount exceeding seven thousand five hundred dollars,
or (4) authorize a claimant to sue the state, as provided in section 4-160.
(b) Any person who has filed a claim for more than seven thousand five hundred
dollars may request the General Assembly to review a decision of the Claims Commissioner (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 seven thousand five hundred dollars pursuant to subdivision (2)
of subsection (a) of this section. 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.
(c) 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 seven thousand five hundred 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 clerk of 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) Not later than five days after the convening of each regular session, the Claims
Commissioner shall report to the General Assembly on all claims decided pursuant to
this section.
(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.)
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.
Cited. 186 C. 300. Cited. 204 C. 17. Cited. 209 C. 679. Cited. 222 C. 280.
Subsec. (a):
Cited. 211 C. 199.