(a) Not later than ninety days after hearing a claim, the Claims Commissioner shall render a decision as provided in subsection (a) of section 4-158. The Claims Commissioner or the magistrate shall make a finding of fact for each claim and file such finding with the order, recommendation or authorization disposing of the claim. The Office of the Claims Commissioner shall deliver a copy of such finding and order, recommendation or authorization to the claimant and to the representative for the state, which representative may in appropriate cases be the Attorney General.
(b) If such claim will automatically be submitted to the General Assembly by the Office of the Claims Commissioner pursuant to the provisions of subdivision (1) of subsection (a) of section 4-159, the Office of the Claims Commissioner shall give written notice to the claimant that such claim will be so submitted and that the General Assembly may accept, modify or reject the recommendation of the Office of the Claims Commissioner or remand the claim to the Office of the Claims Commissioner.
(c) If the claimant has the right pursuant to subsection (b) of section 4-158 to request the General Assembly to review the decision of the Claims Commissioner, the Office of the Claims Commissioner shall give written notice to the claimant that the claimant may request the General Assembly to review the decision and that the General Assembly may confirm, modify or vacate the decision or remand the claim to the Office of the Claims Commissioner. The notice shall indicate the date by which such a request must be filed with the Office of the Claims Commissioner.
(1959, P.A. 685, S. 10; P.A. 75-605, S. 12, 27; P.A. 84-264, S. 3, 5; P.A. 01-167, S. 4; P.A. 05-170, S. 3; Sept. Sp. Sess. P.A. 09-7, S. 27; P.A. 16-127, S. 13.)
History: P.A. 75-605 replaced commission with claims commissioner and executive secretary with clerk of the office of the claims commissioner; P.A. 84-264 changed “attorney general” to “representative for the state, which representative may in appropriate cases be the attorney general”; P.A. 01-167 added provision that if the claim will be submitted to the General Assembly pursuant to Sec. 4-159, the clerk shall give notice to the claimant that the claim will be so submitted and that the General Assembly may accept, reject or alter the recommendation and made technical changes for purposes of gender neutrality; P.A. 05-170 designated existing provisions re finding and decision of Claims Commissioner as Subsec. (a) and amended said Subsec. to require the decision be rendered as provided in Sec. 4-158(a), add references to an “authorization” of the Claims Commissioner and make a technical change, designated existing provisions re notice to the claimant as Subsec. (b) and amended said Subsec. to require the notice be given if the claim will be “automatically” submitted pursuant to Sec. 4-159(a)(1), require the notice be written and indicate that the General Assembly may “modify” rather than “alter” the recommendation and may remand the claim to the Claims Commissioner and added new Subsec. (c) re notice to claimant when claimant has right to request General Assembly to review decision; Sept. Sp. Sess. P.A. 09-7 replaced references to clerk with references to Office of the Claims Commissioner, effective October 5, 2009; P.A. 16-127 amended Subsec. (a) by adding “or the magistrate”, amended Subsec. (b) by substituting “Office of the Claims Commissioner” for “Claims Commissioner” and amended Subsec. (c) by substituting “remand the claim to the Office of the Claims Commissioner” for “remand the claim to the Claims Commissioner”, effective June 9, 2016.
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.