§ 24-30-1505 — Powers of the executive director

(1) In order to perform the
powers and duties set forth in this part 15, the executive director shall exercise the
following powers:

(a) Supervise the development and administration of the following risk
management programs:

(I) A comprehensive risk management program;

(II) A program identifying property and liability losses, insurance costs, and
administrative costs of risk management incurred by each state agency;

(III) A program to reduce property and liability losses incurred by each state
agency;

(IV) A program of inspection of state property;

(V) The pilot program described in section 24-30-1504 (1)(l) and the
statewide database and uniform tracking system described in section 24-30-1504
(1)(m) for the purpose of tracking employment claims brought against state
agencies and the losses incurred as a result of such claims, except as excluded
pursuant to sections 24-30-1502 (5)(b) and 24-30-1517 (2). In developing and
administering such programs, the executive director may:

(A) Adopt rules that define relevant terms including, but not limited to,
claims and losses; and

(B) Require state agencies, including institutions of higher education, to
submit such information as is necessary to implement the programs.

(b) Manage the investigation and adjustment of claims brought against the
state;

(c) Manage the legal defense of claims brought against the state;

(d) Supervise any parties who have contracted with the state to provide
claims investigation, claims adjustment, support services, or legal services
pursuant to this part 15;

(e) Identify and evaluate the exposure of state agencies to claims for
property and liability losses;

(f) Repealed.

(g) Assist state agencies to develop and use proper insurance and indemnity
clauses in state contracts;

(h) Manage the investigation and adjustment of claims for loss or damage to
state property;

(i) Investigate and direct or deny payment of liability claims arising prior to
September 15, 1985, for which no commercial liability insurance exists;

(j) Manage the workers' compensation self-insurance program for state
employees or the procurement of commercial workers' compensation insurance
therefor.

(2) The executive director shall determine the need, if any, for procuring
commercial insurance to protect the state against liability and the specifications for
such insurance. The acquisition of any insurance shall be pursuant to the state
Procurement Code, articles 101 to 112 of this title 24. In the event that no
responsible responses to an invitation for bids are received, the executive director
may negotiate with any agent, broker, or insurance company to secure the required
coverage or necessary coverage. Such negotiated policy or policies shall be subject
to the approval of the board.

Legislative History

Source: L. 85, 1st Ex. Sess.: Entire part added, p. 5, � 1, effective September 27. L. 86: (1)(f) repealed and (2) added, pp. 894, 891, �� 10, 3, effective April 17. L. 86, 2nd Ex. Sess.: (1)(h) added, p. 64, � 4, effective August 25. L. 90: (1)(i) and (1)(j) added, p. 1195, � 4, effective May 24. L. 96: IP(1), (1)(a), and (2) amended, pp. 1504, 1520, �� 20, 58, effective June 1. L. 99: (1)(a)(V) added, p. 30, � 2, effective March 10. L. 2004: IP(1)(a)(V) amended, p. 604, � 5, effective July 1. L. 2017: (2) amended, (HB 17-1051), ch. 99, p. 350, � 65, effective August 9.