State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-8_300

81-8,300. Risk Manager; State Claims Board; claims; filing; investigation; duties; review by Legislature; payment.After investigation, the Risk Manager or State Claims Board shall either approve, approve with conditions or limitations, or disapprove of each claim or request and append to the claim or request a concise statement of the facts brought out in such investigation upon which its approval or disapproval is based. If any claim is approved in an amount of more than five thousand dollars, the approval of the board is required. Such claim or request, together with the original papers supporting it and the appended statement, shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. The Risk Manager shall promptly notify each claimant of the decision by the Risk Manager or State Claims Board on his or her claim by regular mail. The notification shall include (1) the decision of the Risk Manager or State Claims Board, (2) a statement that a claimant dissatisfied with the decision of the Risk Manager may have his or her claim reviewed by the board or a statement that a claimant dissatisfied with the decision of the board may have his or her claim reviewed by the Legislature upon application, (3) the procedure for making an application for review, and (4) the time limit for making such application.If the claimant is dissatisfied with the decision of the Risk Manager, he or she may file an application for review by the board. If the claimant is dissatisfied with the decision of the board, he or she may file an application for review by the Legislature. The application for review shall be filed with the Risk Manager in the manner prescribed by the board. The application for review shall be filed within sixty days after the date of the decision which is being reviewed.Each claim which has been approved or for which an application for review with the Legislature has been filed and each request referred to in section 81-8,297 shall be delivered by the Risk Manager to the chairperson of the Business and Labor Committee of the Legislature at the next regular session of the Legislature convening after the date of the decision of the board. The Risk Manager may direct the payment by the state agency involved of any claim not in excess of five thousand dollars if such payment is agreed to by the head of the agency involved. The State Claims Board may direct payment by the state agency involved of any claim not in excess of fifty thousand dollars if such payment is agreed to by the head of the agency involved and the agency has sufficient funds to pay the claim. If claims approved by the Risk Manager or State Claims Board arise out of the same facts and circumstances, they shall be aggregated. If the Risk Manager or State Claims Board does not direct the payment of a claim as set forth in this section or the claim exceeds the dollar limitations set forth in this section, the claim shall be reviewed by the Legislature and an appropriation made therefor if appropriate. The Risk Manager shall report all claims and judgments paid under the State Miscellaneous Claims Act to the Clerk of the Legislature and the Chairperson of the Business and Labor Committee of the Legislature. The report shall include the name of the claimant, a statement of the amount claimed and paid, and a brief description of the claim including the agency and program or activity under which the claim arose. Any member of the Legislature may receive a copy of the report by making a request to the Risk Manager. SourceLaws 1943, c. 129, § 5, p. 433; R.S.1943, § 81-861; Laws 1959, c. 438, § 1, p. 1474; Laws 1961, c. 427, § 3, p. 1336; Laws 1967, c. 588, § 3, p. 2001; R.S.Supp.,1967, § 81-861; Laws 1969, c. 756, § 31, p. 2854; Laws 1971, LB 565, § 1; Laws 1981, LB 273, § 29; Laws 1984, LB 1028, § 4; R.S.1943, (1987), § 81-8,239; Laws 1988, LB 864, § 50; Laws 2008, LB821, § 9.Effective Date: July 18, 2008