§ 4-154 — Time limit for decision. Notice to claimant.

Connecticut § 4-154

• Jurisdiction: Connecticut
• Title 4: Management of State Agencies
• Ch. 53: Claims Against the State

Text

(a) Not later than ninety days after hearing a claim, the Claims Commissioner, the Deputy Claims Commissioner or a special deputy shall make all reasonable efforts to render a decision as provided in subsection (a) of section 4-158 and subject to the limitation prescribed in subsection (c) of section 4-160. The Claims Commissioner, the Deputy Claims Commissioner or a special deputy shall make a finding of fact for each claim and file such finding with the order, recommendation or authorization disposing of the claim. The Office of the Claims Commissioner shall provide a copy of such finding and order, recommendation or authorization to the claimant and to the representative for the state, which representative may in appropriate cases be the Attorney General. (b) If such claim will automatically be submitted to the General Assembly by the Office of the Claims Commissioner pursuant to the provisions of subdivision (1) of subsection (a) of section 4-159 , the Office of the Claims Commissioner shall give written notice to the claimant that such claim will be so submitted and that the General Assembly may accept, modify or reject the recommendation of the Office of the Claims Commissioner or remand the claim to the Office of the Claims Commissioner. (c) If the claimant has the right pursuant to subsection (b) of section 4-158 to request the General Assembly to review a decision of the Claims Commissioner, Deputy Claims Commissioner or special deputy, the Office of the Claims Commissioner shall give written notice to the claimant that the claimant may request the General Assembly to review the decision and that the General Assembly may confirm, modify or vacate the decision or remand the claim to the Office of the Claims Commissioner. The notice shall (1) indicate the date by which such a request must be filed with the Office of the Claims Commissioner, (2) inform the claimant of the claimant's responsibility to set forth a written summary, not to exceed two pages, of the factual and legal basis for requesting review by the General Assembly of the decision of the Claims Commissioner, the Deputy Claims Commissioner or a special deputy, and (3) inform the claimant that failure to comply with the requirements of this subsection shall extinguish any right of review of a decision of the Claims Commissioner, the Deputy Claims Commissioner or a special deputy by the General Assembly. The Office of the Claims Commissioner may not submit any claim to the General Assembly for review unless the request for review is timely filed and the claimant has complied with the requirements of subdivision (2) of this subsection when requesting such review.

Legislative History

(1959, P.A. 685, S. 10; P.A. 75-605, S. 12, 27; P.A. 84-264, S. 3, 5; P.A. 01-167, S. 4; P.A. 05-170, S. 3; Sept. Sp. Sess. P.A. 09-7, S. 27; P.A. 16-127, S. 13; P.A. 23-131, S. 7; P.A. 24-44, S. 8.) History: P.A. 75-605 replaced commission with claims commissioner and executive secretary with clerk of the office of the claims commissioner; P.A. 84-264 changed “attorney general” to “representative for the state, which representative may in appropriate cases be the attorney general”; P.A. 01-167 added provision that if the claim will be submitted to the General Assembly pursuant to Sec. 4-159, the clerk shall give notice to the claimant that the claim will be so submitted and that the General Assembly may accept, reject or alter the recommendation and made technical changes for purposes of gender neutrality; P.A. 05-170 designated existing provisions re finding and decision of Claims Commissioner as Subsec. (a) and amended said Subsec. to require the decision be rendered as provided in Sec. 4-158(a), add references to an “authorization” of the Claims Commissioner and make a technical change, designated existing provisions re notice to the claimant as Subsec. (b) and amended said Subsec. to require the notice be given if the claim will be “automatically” submitted pursuant to Sec. 4-159(a)(1), require the notice be written and indicate that the General Assembly may “modify” rather than “alter” the recommendation and may remand the claim to the Claims Commissioner and added new Subsec. (c) re notice to claimant when claimant has right to request General Assembly to review decision; Sept. Sp. Sess. P.A. 09-7 replaced references to clerk with references to Office of the Claims Commissioner, effective October 5, 2009; P.A. 16-127 amended Subsec. (a) by adding “or the magistrate”, amended Subsec. (b) by substituting “Office of the Claims Commissioner” for “Claims Commissioner” and amended Subsec. (c) by substituting “remand the claim to the Office of the Claims Commissioner” for “remand the claim to the Claims Commissioner”, effective June 9, 2016; P.A. 23-131 amended Subsec. (a) by adding references to “Deputy Claims Commissioner”, replacing “magistrate” with “temporary deputy” and replacing “deliver a copy” with “provide a copy”, effective July 1, 2023; P.A. 24-44 amended Subsec. (a) by substituting “special deputy” for “temporary deputy” and by adding provision re making all reasonable efforts to render decision after hearing claim within prescribed statutory time frames and amended Subsec. (c) by adding references to Deputy Claims Commissioner and special deputy and by requiring that requests for review by General Assembly shall include written summary of the factual and legal basis for claim and claimant's failure to supply such summary extinguishes claimant's right to review by General Assembly, effective July 1, 2024. Cited. 186 C. 300.