§ 37-01-41 — Claims against the national guard

North Dakota § 37-01-41

• Jurisdiction: North Dakota
• Title 37: Military
• Ch. 37-01: General Provisions

Text

1. Any individual injured by an activity of the North Dakota national guard may submit a
claim to the adjutant general. As used in this section, "claim" means a monetary
demand upon the state for personal injury or property damage arising from activities of
the national guard while on state active duty.
2. The adjutant general may approve a claim for less than two thousand five hundred
dollars. If the claim is approved by the adjutant general, the adjutant general shall
apply to the emergency commission for an amount from the contingency fund sufficient
to pay the claim. It must be conclusively presumed upon the receipt of such application
by the emergency commission that an emergency exists, and the commission shall
direct the transfer of the requested amount to the adjutant general from the
contingency fund. The adjutant general, upon receipt of the transfer from the
contingency fund, shall pay the claim.
3. The adjutant general shall forward any claim exceeding two thousand five hundred
dollars to the emergency commission with the adjutant general's recommendation. If
the claim is approved by the emergency commission, it must be conclusively
presumed that an emergency exists, and the commission shall direct the transfer of
the approved amount to the adjutant general from the contingency fund. The adjutant
general, upon receipt of the transfer from the contingency fund, shall pay the claim.
4. Decisions of the adjutant general or the emergency commission partially or totally
denying a claim may not be appealed to any court of this state.
5. Claims may not be submitted to the legislative assembly unless the claim has been
partially or totally denied by the adjutant general or the emergency commission.