16.007 Claims board.
(1) Purpose. The claims board shall receive, investigate and make recommendations on all claims of $10 or more presented against the state which are referred to the board by the department. No claim or bill relating to such a claim shall be considered by the legislature until a recommendation thereon has been made by the claims board.
(2) Rules. Except as provided in s. 901.05, the board shall not be bound by common law or statutory rules of evidence, but shall admit all testimony having reasonable probative value, excluding that which is immaterial, irrelevant or unduly repetitious. The board may take official notice of any generally recognized fact or established technical or scientific fact, but parties shall be notified either before or during hearing or by full reference in preliminary reports, or otherwise, of the facts so noticed, and the parties shall be afforded an opportunity to contest the validity of the official notice.
(3) Procedure. When a claim has been referred to the claims board, the board may upon its own motion and shall upon request of the claimant, schedule such claim for hearing, giving the claimant at least 10 days' written notice of the date, time and place thereof. Those claims described under sub. (6) (b) shall not be heard or decided by the claims board. The board shall keep a record of its proceedings, but such proceedings may be recorded by a permanent recording device without transcription. It may require sworn testimony and may summon and compel attendance of witnesses and the production of documents and records. Any member of the board may sign and issue a subpoena.
(4) Agencies to cooperate. The several agencies shall cooperate with the board and shall make their personnel and records available upon request when such request is not inconsistent with other statutes.
(5) Findings. The board shall report its findings and recommendations, on all claims referred to it, to the legislature. Except as provided in sub. (6), if from its findings of fact the board concludes that any such claim is one on which the state is legally liable, or one which involves the causal negligence of any officer, agent or employee of the state, or one which on equitable principles the state should in good conscience assume and pay, it shall cause a bill to be drafted covering its recommendations and shall report its findings and conclusions and submit the drafted bill to the joint committee on finance at the earliest available time. If the claims board determines to pay or recommends that a claim be paid from a specific appropriation or appropriations, it shall include that determination or recommendation in its conclusions. A copy of its findings and conclusions shall be submitted to the claimant within 20 days after the board makes its determination. Findings and conclusions are not required for claims processed under sub. (6) (b).
(6) Settlement.
(a) Except as provided in par. (b), whenever the claims board by unanimous vote finds that payment to a claimant of not more than the amount specified in s. 799.01 (1) (d) is justified, it may order the amount that it finds justified to be paid on its own motion without submission of the claim in bill form to the legislature. The claim shall be paid on a voucher upon the certification of the chairperson and secretary of the board, and shall be charged as provided in sub. (6m).
(b) Whenever the representative of the department designated by the secretary pursuant to s. 15.105 (2) finds that payment of a claim described in this paragraph to a claimant is justified, the representative of the department may order the amount so found to be justified paid without approval of the claims board and without submission of the claim in the form of a bill to the legislature. Such claims shall be paid on vouchers upon the certification of the representative of the department, and shall be charged as provided in sub. (6m). The representative of the department shall annually report to the board all claims paid under this paragraph. Claims which may be paid directly by the department are:
1. Payment of the amount owed by the state under any check, share draft or other draft issued by it which has been voided for failure to present the check, share draft or other draft for payment within the prescribed period from the date of issuance.
3. Payment of a refund due as the result of an overpayment made by mistake of the applicant in filing articles of incorporation or amendments thereto, or a certificate of authority for a foreign corporation to transact business in this state pursuant to s. 180.0122.
4. Payment of any claim of less than $10.
(6m) Payment charges. The claims board, for claims authorized to be paid under sub. (6) (a), or the representative of the department, for claims authorized to be paid under sub. (6) (b), may specify that a claim shall be paid from a specific appropriation or appropriations. If a claim requires legislative action, the board may recommend that the claim be paid from a specific appropriation or appropriations. If no determination is made as to the appropriation or appropriations from which a claim shall be paid, the claim shall be paid from the appropriation under s. 20.505 (4) (d).
(7) Exception. This section shall not be construed as relieving any 3rd-party liability or releasing any joint tort-feasor.
(8) Expenses. The board may pay the actual and necessary expenses of employees of the department of justice or the department of administration authorized by the board to secure material information necessary to the disposition of a claim.
History: 1975 c. 397; 1977 c. 196 s. 130 (3); 1979 c. 34 s. 2102 (1) (c); 1981 c. 20; 1983 a. 368; 1985 a. 29; 1987 a. 27, 142; 1989 a. 31, 303; 1991 a. 269; 2003 a. 138; 2005 a. 253.
Upon completion of arbitration involving the state, any claim resulting from the award must be submitted to the claims board for processing. State v. P.G. Miron Construction Co., 181 Wis. 2d 1045, 512 N.W.2d 499 (1994).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 16 - Department of administration.
16.001 - Organization of department.
16.003 - Department of administration.
16.004 - Secretary, powers and duties.
16.005 - Bradley Center Sports and Entertainment Corporation.
16.006 - Treatment of classified employees.
16.008 - Payment of special charges for extraordinary police service to state facilities.
16.009 - Board on aging and long-term care.
16.03 - Interagency council on homelessness.
16.04 - Fleet management and maintenance.
16.045 - Gasohol, alternative fuels,
16.047 - Volkswagen settlement funds.
16.05 - Interstate agreements.
16.06 - American Indian assistance.
16.10 - Ratification of the midwest interstate low-level radioactive waste compact.
16.11 - Midwest interstate low-level radioactive waste compact.
16.12 - Violation of midwest interstate low-level radioactive waste compact.
16.15 - Resource recovery and recycling program.
16.18 - Management assistance grants to certain counties.
16.22 - National and community service.
16.25 - Service award program.
16.26 - Weatherization assistance.
16.27 - Low-income energy assistance.
16.28 - Office of business development.
16.283 - Disabled veteran-owned businesses.
16.285 - Woman-owned businesses; certification; database.
16.295 - Fund of funds investment program.
16.297 - Grants for local government expenditures; moral obligation pledge.
16.298 - Pay for success contracting.
16.302 - State housing strategy plan.
16.303 - Housing cost grants and loans.
16.305 - Grants to local housing organizations.
16.307 - Grants to alleviate homelessness.
16.308 - Grants for the provision of shelter for homeless individuals and families.
16.3085 - Homeless case management services grants.
16.309 - Community development block grant programs.
16.310 - Use of surplus state-owned real property.
16.314 - Employability plans for public housing residents.
16.315 - Federal housing assistance programs.
16.40 - Department of administration, duties, powers.
16.405 - Requests for issuance of operating notes.
16.41 - Agency and authority accounting; information; aid.
16.415 - Certification of payrolls.
16.417 - Dual employment or retention.
16.423 - Base budget review reports.
16.425 - Summary of tax exemption devices.
16.45 - Budget message to legislature.
16.46 - Biennial budget, contents.
16.461 - Biennial budget, summary of funds.
16.465 - Budget stabilization fund reallocations.
16.48 - Unemployment reserve financial statement.
16.50 - Departmental estimates.
16.505 - Position authorization.
16.51 - Department of administration; preauditing and accounting; additional duties and powers.
16.513 - Program and segregated revenue sufficiency.
16.515 - Supplementation of program revenue and program revenue-service appropriations.
16.517 - Adjustments of program revenue positions and funding levels.
16.518 - Transfers to the budget stabilization fund.
16.5185 - Transfers to the transportation fund.
16.519 - Fund transfers relating to tobacco settlement agreement.
16.525 - State aid recipients' accounting.
16.527 - Appropriation obligations.
16.528 - Interest on late payments.
16.5285 - Health insurer fee savings.
16.529 - Lapses and fund transfers relating to unfunded retirement liability debt service.
16.531 - Cash flow plan; report.
16.54 - Acceptance of federal funds.
16.544 - Federal aid disallowances.
16.545 - Federal aid management service.
16.548 - Federal-state relations office; report.
16.55 - Frauds and uncollectible shortages.
16.56 - Grain inspection funding.
16.58 - Services to units of local government.
16.60 - Services to nonprofit corporations.
16.61 - Records of state offices and other public records.
16.611 - State public records; optical disc and electronic storage.
16.612 - Local government records; optical disc and electronic storage standards.
16.62 - Records management service.
16.63 - Sale of state's rights to tobacco settlement agreement payments.
16.643 - Support accounts for persons with disabilities.
16.70 - Purchasing; definitions.
16.701 - Subscription service and procurement system.
16.705 - Contractual services.
16.73 - Cooperative purchasing.
16.74 - Legislative and judicial branch purchasing.
16.75 - Buy on low bid, exceptions.
16.751 - Information technology purchases by investment board.
16.752 - Procurement from work centers for severely handicapped individuals.
16.754 - Preference for American-made materials.
16.755 - Council on small business, veteran-owned business and minority business opportunities.
16.76 - Form of contracts; continuing contracts.
16.765 - Nondiscriminatory contracts.
16.77 - Audit of bills; illegal contracts; actions to recover.
16.78 - Purchases from department relating to information technology or telecommunications.
16.79 - Duties of department of administration.
16.82 - Powers of department of administration.
16.83 - State capitol and executive residence board.
16.835 - Offices and rooms in capitol.
16.838 - Historically significant furnishings.
16.839 - State facilities named.
16.84 - Real estate and physical plant management; protection of persons.
16.842 - State capitol view preservation.
16.843 - Capitol and state office buildings parking regulations.
16.844 - Burning bituminous coal near capitol.
16.845 - Use of state facilities.
16.846 - Rules relating to use, care and preservation of property under department control.
16.847 - Energy efficiency program.
16.848 - Sale or lease of state property or facilities.
16.849 - Facility design services for state agencies.
16.85 - Department of administration; powers, duties.
16.851 - Plans for state buildings, structures or facilities.
16.8511 - Secretary of administration; powers, duties.
16.854 - Services provided to professional baseball park districts.
16.855 - Construction project contracts.
16.858 - Energy conservation audits and construction projects.
16.865 - Department of administration; statewide risk management coordination.
16.867 - Selection of architects and engineers.
16.87 - Approval of contracts by secretary and governor; audit.
16.88 - Charges against projects.
16.89 - Construction and services controlled by this chapter.
16.891 - Reports on cost of occupancy of state facilities.
16.895 - State-owned or operated heating, cooling or power plants.
16.897 - Space and water heating systems.
16.90 - Fuel for state heating, cooling or power plants.
16.92 - Purchase of fuel, electricity, heat and chilled water.
16.93 - Sale of fuel or utility service.
16.953 - Energy cost reduction plans.
16.956 - Diesel truck idling reduction grants.
16.957 - Low-income assistance.
16.958 - Air quality improvement program.
16.965 - Planning grants to local governmental units.
16.9651 - Transportation planning grants to local governmental units.
16.966 - Geographic information systems.
16.967 - Land information program.
16.968 - Groundwater survey and analysis.
16.9685 - Clean water clearinghouse.
16.969 - Fees for certain high-voltage transmission lines.
16.971 - Responsibilities of department.
16.972 - Powers of the department.
16.973 - Duties of the department.
16.974 - Powers of the department.
16.975 - Access to information.
16.976 - Strategic plans for executive branch agencies.
16.977 - Information technology portfolio management.
16.979 - Telecommunications operations and planning.
16.98 - Federal resource acquisition.
16.981 - Transfer of appropriations.
16.993 - Technology for educational achievement in Wisconsin; departmental duties.
16.9945 - Information technology block grants.
16.995 - Educational technology infrastructure financial assistance.