(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 Office of the Claims Commissioner a notice of opposition, in duplicate, containing a concise statement of such representative's objections. The Office of the Claims Commissioner 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; Sept. Sp. Sess. P.A. 09-7, S. 28.)
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.
Cited. 186 C. 300.
Structure Connecticut General Statutes
Title 4 - Management of State Agencies
Chapter 53 - Claims Against the State
Section 4-146. - Notice of injury by claimant.
Section 4-147. - Notice of claim. Filing fees.
Section 4-148. - Limitation on presentation of claim. Exceptions.
Section 4-149. - Representation by the Attorney General.
Section 4-151a. - Waiver of hearings.
Section 4-152. - Misbehavior at proceedings.
Section 4-153. - Records of claims.
Section 4-154. - Time limit for decision. Notice to claimant.
Section 4-155. - Disqualification of commission member.
Section 4-157. - Rules of procedure.
Section 4-160. - Authorization of actions against the state.
Section 4-160a. - Payments not recoverable under insurance policy.
Section 4-160b. - Subrogated or assigned claims. Reduction by amount of third party payment.
Section 4-162. - Deficiency appropriation to cover payments.
Section 4-163. - Fraud in presentation of claim.
Section 4-164. - Appeal from forfeiture.
Section 4-165. - Immunity of state officers and employees from personal liability.
Section 4-165a. - Transitional provisions.