§ 24-30-1515 — Compromise or settlement of claims - authority

(1) A claim
against the state or against a state official or employee whose defense has been
assumed by the state may be compromised or settled on behalf of the state
according to the requirements set forth in subsection (2) of this section. Prior to
settling a claim of more than fifty thousand dollars, the board or the person
authorized to settle the claim shall consult with the head of the affected state
agency to assess the appropriateness of the proposed compromise or settlement
amount. In settling a claim, the board or the person authorized to settle the claim
may require the execution and presentation of those documents required by rule
and regulation including those documents which discharge or hold harmless the
state of all liability under the claim.

(2) (a) The following parties are authorized to make compromises or
settlements on behalf of the state in the following amounts:

(I) A claims adjuster employed by the department of personnel or under
contract with the department of personnel is authorized to settle claims for an
amount not to exceed five thousand dollars;

(II) The claims manager of the department of personnel is authorized to
settle and direct payment in settlement of claims for an amount not to exceed
twenty-five thousand dollars;

(III) The state risk manager is authorized to settle and direct payment in
settlement of claims for an amount not to exceed fifty thousand dollars;

(IV) The executive director is authorized to settle and direct payment in
settlement of claims for an amount not to exceed one hundred thousand dollars;

(V) The board is authorized to settle and direct payment in settlement of
claims for an amount of one hundred thousand dollars or more but not to exceed
the maximum liability limits under the Colorado Governmental Immunity Act, as
set forth in section 24-10-114.

(b) The board is authorized to settle and direct payments in settlement of
claims brought under federal law.

(3) Disbursements from the risk management fund for claims compromised
or settled in accordance with this part 15 shall be paid by the state treasurer upon
warrants drawn in accordance with law upon vouchers issued by the department of
personnel upon order of the board or person authorized in subsection (2) of this
section to make such compromise or settlement.

(4) The provisions of the State Administrative Procedure Act, article 4 of
this title, shall not be applicable to the payment or settlement of claims pursuant to
this part 15. Any person or party adversely affected or aggrieved in compromising
or settling a claim shall pursue such remedy in a district court of this state pursuant
to the Colorado rules of civil procedure.

Legislative History

Source: L. 85, 1st Ex. Sess.: Entire part added, p. 7, � 1, effective September 27. L. 86: (1) and (2)(b) to (2)(e) amended, p. 893, � 7, effective April 17. L. 92: (2) amended, p. 1082, � 1, effective July 1. L. 96: (2)(a)(I), (2)(a)(II), and (3) amended, p. 1522, � 65, effective June 1.