25.1 - RECEIPT, INVESTIGATION, AND REPORT.
25.1 RECEIPT, INVESTIGATION, AND REPORT.
1. Except for those claims that are addressed as provided in
section 25.2, subsection 3, when a claim is filed or made against the
state, on which in the judgment of the director of the department of
management the state would be liable except for the fact of its
sovereignty or that it has no appropriation available for its
payment, the director of the department of management shall deliver
that claim to the state appeal board. However, this chapter does not
apply to a claim as defined in section 669.2.
2. The state appeal board shall make a record of the receipt of
claims received from the director of the department of management,
notify the special assistant attorney general for claims, and deliver
a copy to the state official or agency against whom the claim is
made, if any.
a. The official or agency shall report its recommendations
concerning the claim to the special assistant attorney general for
claims who, with a view to determining the merits and legality of the
claim, shall investigate the claim and report the findings and
conclusions of the investigation to the state appeal board.
b. To help defray the initial costs of processing a claim and
the costs of investigating a claim, the department of management may
assess a processing fee and a fee to reimburse the office of the
attorney general for the costs of the claim investigation against the
state agency which incurred the liability of the claim.
3. Notwithstanding subsections 1 and 2, and section 25.2, the
state appeal board shall not consider claims for refund of the unused
portion of vehicle registration fees collected under section 321.105.
Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 25.1] Section History: Recent Form
93 Acts, ch 180, § 72; 96 Acts, ch 1075, §1; 2003 Acts, ch 179,
§102; 2006 Acts, ch 1185, §93--95