§ 33-3-107 — Claims procedure

(1) When any person has sustained damages
to property caused by any wildlife, he shall notify the division of such damages
within ten days after the discovery thereof. In the case of recurring damage, the
division shall be notified within ten days after the discovery of each new or different
occurrence of damage.

(2) Proof of loss forms shall be filed within ninety days after the last notice
of loss is submitted to the division under subsection (1) of this section. The division,
within thirty days after the filing of such proof of loss forms, shall make an
investigation of the alleged loss, and, where possible, shall attempt to reach an
agreement with the claimant upon an amount of settlement. The commission may
review settlement agreements between the division and the claimant and may
disapprove any settlement which it finds to be unreasonable; but said review is not
required in every case and the commission may determine that it will review only
certain categories of settlements or that it will not review any settlements. The
commission shall review all claims which the division recommends for denial and all
claims upon which the division and claimant are unable to reach a settlement;
except that a claimant whose claim is within the monetary jurisdictional limitations
of the small claims division of county court may waive such review by the
commission and commence an action which shall entitle such claimant to a trial de
novo in the small claims division of the county court of the county in which the
damage or any portion thereof is alleged to have occurred. Such waiver shall be in
writing and shall be mailed to the commission within ten days after such claimant
receives notification from the division of the denial of his claim, or within ten days
after the claimant receives from the division an offer of settlement unacceptable to
such claimant. The division may be represented by a full-time employee in small
claims court.

(2.5) For payment to a claimant, the controller shall draw a warrant upon a
voucher approved by the division and the state treasurer shall pay the amount of
settlement out of the wildlife cash fund.

(3) The division shall furnish forms to be used for the notice and proof of loss
required under this section.

Legislative History

Source: L. 69: R&RE, p. 410, � 1. C.R.S. 1963: � 62-3-6. L. 91: (2) amended and (2.5) added, p. 1439, � 2, effective April 20.