Sec. 4-141. Definitions. As used in this chapter: "Claim" means a petition for the
payment or refund of money by the state or for permission to sue the state; "just claim"
means a claim which in equity and justice the state should pay, provided the state has
caused damage or injury or has received a benefit; "person" means any individual, firm,
partnership, corporation, limited liability company, association or other group, including
political subdivisions of the state; "state agency" includes every department, division,
board, office, commission, arm, agency and institution of the state government, whatever
its title or function, and "state officers and employees" includes every person elected
or appointed to or employed in any office, position or post in the state government,
whatever such person's title, classification or function and whether such person serves
with or without remuneration or compensation, including judges of probate courts and
employees of such courts. In addition to the foregoing, "state officers and employees"
includes attorneys appointed as victim compensation commissioners, attorneys appointed by the Public Defenders Services Commission as public defenders, assistant
public defenders or deputy assistant public defenders, and attorneys appointed by the
court as special assistant public defenders, the Attorney General, the Deputy Attorney
General and any associate attorney general or assistant attorney general, any other attorneys employed by any state agency, any commissioner of the Superior Court hearing
small claims matters or acting as a fact-finder, arbitrator or magistrate or acting in any
other quasi-judicial position, any person appointed to a committee established by law for
the purpose of rendering services to the Judicial Department including, but not limited to,
the Legal Specialization Screening Committee, the State-Wide Grievance Committee,
the Client Security Fund Committee, and the State Bar Examining Committee, any
member of a multidisciplinary team established by the Commissioner of Children and
Families pursuant to section 17a-106a, and any physicians or psychologists employed
by any state agency. "State officers and employees" shall not include any medical or
dental intern, resident or fellow of The University of Connecticut when (1) the intern,
resident or fellow is assigned to a hospital affiliated with the university through an
integrated residency program, and (2) such hospital provides protection against professional liability claims in an amount and manner equivalent to that provided by the hospital to its full-time physician employees. Sec. 4-142. Claims Commissioner. Excepted claims. There shall be a Claims
Commissioner who shall hear and determine all claims against the state except: (1)
Claims for the periodic payment of disability, pension, retirement or other employment
benefits; (2) claims upon which suit otherwise is authorized by law including suits to
recover similar relief arising from the same set of facts; (3) claims for which an administrative hearing procedure otherwise is established by law; (4) requests by political subdivisions of the state for the payment of grants in lieu of taxes; and (5) claims for the
refund of taxes. Sec. 4-142a. Appointment. Term. Qualifications. Compensation. Contractual
agreements. Receipt of money, revenue or services. (a) The Claims Commissioner
shall be appointed by the Governor with the advice and consent of the General Assembly
to serve for a term of four years from the first day in July in the year of his appointment
and until his successor has been appointed and has qualified. The commissioner shall
be an attorney-at-law and shall have been admitted to practice before the courts of the
state of Connecticut for at least five years prior to his appointment. The commissioner
shall receive such compensation as is fixed under the provisions of section 4-40. The
commissioner may enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of his duties. Subject to the
provisions of section 4-32, and unless otherwise provided by law, the commissioner is
authorized to receive any money, revenue or services from the federal government,
corporations, associations or individuals, including payments from the sale of printed
matter or any other materials or services. Sec. 4-142b. Staff. Office. The Claims Commissioner shall appoint and may at
his pleasure remove a clerk of the Office of the Claims Commissioner and may employ
such assistants as he finds necessary to administer the provisions of this chapter. The
clerk of the Office of the Claims Commissioner and such assistants shall be in the
unclassified service and shall receive such compensation as is fixed under the provisions
of section 4-40. The Claims Commissioner shall maintain a permanent office in Hartford
County in such suitable space as the Commissioner of Public Works provides. All papers
required to be filed with the Claims Commissioner shall be delivered to such office. Secs. 4-143 to 4-145. Appointment, removal, compensation of commission.
Chairman; executive secretary; office. Quorum; all members to participate in
claim disposition. Sections 4-143 to 4-145, inclusive, are repealed. Sec. 4-146. Notice of injury by claimant. Any person who suffers damage or
injury because of the defective condition of a building, park or ground owned or leased
by the state shall, within a reasonable time after such damage or injury, notify the official
having control of or the agency using such building, park or ground, stating the date,
time, place and circumstances of such damage or injury. No claim shall be defeated
because of a lack or failure of such notice except upon a showing by the state that it was
substantially prejudiced thereby. Sec. 4-147. Notice of claim. Filing fees. Any person wishing to present a claim
against the state shall file with the clerk of the Office of the Claims Commissioner a
notice of claim, in duplicate, containing the following information: (1) The name and
address of the claimant; the name and address of his principal, if the claimant is acting
in a representative capacity, and the name and address of his attorney, if the claimant
is so represented; (2) a concise statement of the basis of the claim, including the date,
time, place and circumstances of the act or event complained of; (3) a statement of the
amount requested; and (4) a request for permission to sue the state, if such permission
is sought. A notice of claim, if sent by mail, shall be deemed to have been filed with
the Office of the Claims Commissioner on the date such notice of claim is postmarked.
Claims in excess of five thousand dollars shall be accompanied by a check or money
order in the sum of fifty dollars payable to the Treasurer, state of Connecticut. Claims
for five thousand dollars or less shall be accompanied by a check or money order in the
sum of twenty-five dollars payable to the Treasurer, state of Connecticut. Fees may be
waived by the commissioner for good cause but such action by the commissioner shall
not relieve the claimant from the obligation of filing his notice of claim in timely fashion
within the statute of limitations under section 4-148. The clerk of the Office of the
Claims Commissioner shall promptly deliver a copy of the notice of claim to the Attorney
General. Such notice shall be for informational purposes only and shall not be subject
to any formal or technical requirements, except as may be necessary for clarity of presentation and facility of understanding. Sec. 4-148. Limitation on presentation of claim. Exception. (a) Except as provided in subsection (b) of this section, no claim shall be presented under this chapter
but within one year after it accrues. Claims for injury to person or damage to property
shall be deemed to accrue on the date when the damage or injury is sustained or discovered or in the exercise of reasonable care should have been discovered, provided no claim
shall be presented more than three years from the date of the act or event complained of. Sec. 4-149. Representation by the Attorney General. (a) The Attorney General
shall review each claim delivered under section 4-147. If such review discloses to the
satisfaction of the Attorney General that protection of the state's interest does not reasonably require representation by the Attorney General before the Claims Commissioner,
then such representation shall be provided by the state agency or department involved
in the claim. In making such determination, the Attorney General shall consider (1) the
sum of money involved; (2) the legal significance of the claim as a precedent; and (3)
the complexity of the legal and factual issues presented. Sec. 4-150. Service on or delivery to commissioner of subpoenas and papers.
(a) Any subpoena or other paper required to be served upon or delivered to the Claims
Commissioner or to any person or official may be served or delivered in person or by
certified mail. Service or delivery by certified mail shall be deemed complete upon the
certification and deposit of such subpoena or paper at a United States post office. Proof
of deposit and the return receipt shall be sufficient proof of service or delivery. Sec. 4-151. Hearings. (a) Claims shall be heard as soon as practicable after they are
filed. Hearings may be held at the Office of the Claims Commissioner, at any available
hearing facility in the State Capitol or Legislative Office Building, upon request at any
courthouse serving a judicial district or geographical area or city or town hall in the
state or at such other suitable place as the Claims Commissioner finds is convenient and
just to the claimant and to the Attorney General. Sec. 4-151a. Waiver of hearings. On his own motion or at the request of the claimant or the representative for the state, which representative may in appropriate cases be
the Attorney General, the Claims Commissioner may waive the hearing of any claim
for five thousand dollars or less and proceed upon affidavits filed by the claimant and
the state agency concerned. Sec. 4-152. Misbehavior at proceedings. If in the course of any proceeding any
person is guilty of misbehavior which obstructs such proceeding, he may be excluded
from further participation therein. If the miscreant is the claimant or his attorney, the
Claims Commissioner may summarily terminate the proceeding, dismiss the claim and
order it forfeited to the state. Sec. 4-153. Records of claims. The Claims Commissioner shall cause a record to
be made of each claim. Such record shall be retained in the files of the Claims Commissioner until the sine die adjournment of the regular session of the General Assembly
next succeeding the disposition of such claim, at which time it shall be disposed of as
may be decided pursuant to section 11-8a. Copies of such record and of the hearing
transcript, if any, shall be made available upon request to the claimant and to the Attorney
General and as the Claims Commissioner otherwise may direct. Sec. 4-154. Decision; finding of fact. Within ninety days after hearing a claim,
the Claims Commissioner shall render his decision. He shall make a finding of fact for
each claim and file such finding with his order or recommendation disposing of the
claim. The clerk of the Office of the Claims Commissioner shall deliver a copy of such
finding and order or recommendation to the claimant and to the representative for the
state, which representative may in appropriate cases be the Attorney General. Sec. 4-155. Disqualification of commission member. Section 4-155 is repealed. Sec. 4-156. Rehearings. Upon the discovery of new evidence, any claimant aggrieved by an order of the Claims Commissioner rejecting or recommending the rejection of his claim, in whole or in part, may apply for rehearing. The claimant shall file
with the Claims Commissioner an application for such rehearing in duplicate, stating
concisely therein the matters which he desires to submit to the Claims Commissioner.
The clerk of the Office of the Claims Commissioner shall promptly deliver a copy
of such application to the Attorney General. The Attorney General shall review the
application in the manner specified in subsection (a) of section 4-149. If such review
discloses to the satisfaction of the Attorney General that protection of the state's interest
does not reasonably require representation before the Claims Commissioner by the Attorney General, the Attorney General shall refer such application to the state agency
or department involved in the claim for representation of the state before the Claims
Commissioner within ninety days of receipt of the application by the Attorney General.
Each such rehearing shall be subject to the provisions of this chapter and the rules made
thereunder respecting the hearing and disposition of claims and reports to the General
Assembly. Sec. 4-157. Rules of procedure. The Claims Commissioner shall adopt regulations in accordance with the provisions of chapter 54, not inconsistent with the policy
and provisions of this chapter, governing his proceedings. The regulations shall avoid
formal and technical requirements, but shall provide a simple, uniform, expeditious and
economical procedure for the presentation and disposition of claims. Sec. 4-158. Jurisdiction of commissioner. Payment of claim. Report to assembly. Waiver of payment on protest to assembly. (a) The Claims Commissioner may
approve immediate payment of just claims not exceeding seven thousand five hundred
dollars. The clerk of the Office of the Claims Commissioner shall deliver to the Comptroller a certified copy of the Claims Commissioner's order and the Comptroller shall
make payment from such appropriation as the General Assembly may have made for
the payment of claims or, in the case of contractual claims for goods or services furnished
or for property leased, from the appropriation of the agency which received such goods
or services or occupied such property. Within five days after the convening of each
regular session, the Claims Commissioner shall report to the General Assembly on all
claims decided pursuant to this section. Sec. 4-159. Recommendations for payments in excess of seven thousand five
hundred dollars. Action by General Assembly. After hearing, the Claims Commissioner shall make his recommendations to the General Assembly for the payment or
rejection of amounts exceeding seven thousand five hundred dollars. Within five days
after the convening of each regular session and at such other times as the speaker of the
House of Representatives and president pro tempore of the Senate may desire, the Claims
Commissioner shall submit such recommendations to the General Assembly, together
with a copy of his findings and of the hearing record of each claim so reported. The
General Assembly may (1) accept or alter any such recommendation or (2) reject any
such recommendation and grant or deny the claimant permission to sue the state. The
General Assembly may grant the claimant permission to sue the state under the provisions of this section when the General Assembly deems it just and equitable and believes
the claim to present an issue of law or fact under which the state, were it a private person,
could be liable. Sec. 4-160. Authorization of actions against the state. (a) When the Claims Commissioner deems it just and equitable, he may authorize suit against the state on any
claim which, in his opinion, presents an issue of law or fact under which the state, were
it a private person, could be liable. Sec. 4-160a. Payments not recoverable under insurance policy. No payment
made by the state under sections 4-158, 4-159 and 4-160 shall be recoverable under any
policy of insurance carried by the state. Sec. 4-160b. Subrogated or assigned claims. Reduction by amount of third
party payment. (a) The Claims Commissioner shall not accept or pay any subrogated
claim or any claim directly or indirectly paid by or assigned to a third party. Sec. 4-161. Statement of claimant denying payment of commission or use of
improper influence required. Before payment of a judgment or order, the Comptroller
shall require the claimant to certify on oath that no commission, discount, bonus, reward
or present of any kind was promised or was given to or was received or is expected by
any state officer or employee or any member of the General Assembly in respect to his
claim and that to the best of his knowledge and belief no state officer or employee and
no member of the General Assembly used, offered to use or attempted to use his office
or position to influence the decision on such claim. Sec. 4-162. Deficiency appropriation to cover payments. If any appropriation
made by the General Assembly for the payment of claims is insufficient for such purpose,
the Governor, with the advice and consent of the Finance Advisory Committee, may
add to such appropriation from the unappropriated resources of the fund from which the
appropriation was made, the amounts estimated to be required to make up the deficiency. Sec. 4-163. Fraud in presentation of claim. (a) Any claimant who practices or
attempts to practice fraud upon the state in the statement, proof or allowance of a claim
shall forfeit such claim to the state. The tribunal before which such claim is pending
shall specially find such fraud and it shall enter its judgment or order of forfeiture. Sec. 4-164. Appeal from forfeiture. (a) Any claimant aggrieved by an order of
forfeiture of the Claims Commissioner made pursuant to subsection (a) of section 4-
163 may appeal such order to the superior court for the judicial district in which he
resides or, if he is not a resident of this state, to the superior court for the judicial district
of New Britain. Sec. 4-164a. Commissioner exempt from certain provisions of Uniform Administrative Procedure Act. The Claims Commissioner is exempt from the provisions
of sections 4-176e to 4-183, inclusive. Sec. 4-165. Immunity of state officers and employees from personal liability.
No state officer or employee shall be personally liable for damage or injury, not wanton,
reckless or malicious, caused in the discharge of his duties or within the scope of his
employment. Any person having a complaint for such damage or injury shall present it
as a claim against the state under the provisions of this chapter. For the purposes of this
section "scope of employment" shall include, but not be limited to, representation by
an attorney appointed by the Public Defender Services Commission as a public defender,
assistant public defender or deputy assistant public defender or an attorney appointed
by the court as a special assistant public defender of an indigent accused or of a child
on a petition of delinquency, representation by such other attorneys, referred to in section
4-141, of state officers and employees, in actions brought against such officers and
employees in their official and individual capacities, the discharge of duties as a trustee
of the state employees retirement system, the discharge of duties of a commissioner of
Superior Court hearing small claims matters or acting as a fact-finder, arbitrator or
magistrate or acting in any other quasi-judicial position, and the discharge of duties of
a person appointed to a committee established by law for the purpose of rendering
services to the Judicial Department including, but not limited to, the Legal Specialization
Screening Committee, the State-Wide Grievance Committee, the Client Security Fund
Committee and the State Bar Examining Committee; provided such actions arise out
of the discharge of the duties or within the scope of employment of such officers or
employees. For purposes of this section, members or employees of the soil and water
district boards established pursuant to section 22a-315 shall be considered state employees. Sec. 4-165a. Transitional provisions. Claims pending before the Commission on
Claims prior to July 1, 1975, shall be transferred on July 1, 1975, to the Claims Commissioner to be heard and determined in accordance with the provisions of this chapter and
subsection (d) of section 1-66, subsection (b) of section 3-62f, subsection (b) of section
3-70a and section 13a-3b. Sec. 4-165b. Claims against the state by inmates of state correctional and reformatory institutions. (a) On and after May 3, 1976, any inmate of any institution of
the Department of Correction or the Department of Children and Families who suffers
an injury which results in a fatality or in a permanent handicap may file a claim against
the state. Such claim shall be heard and decided in accordance with the provisions of
this chapter.
(1959, P.A. 685, S. 1; P.A. 76-371, S. 1, 5; P.A. 80-153, S. 1; 80-197, S. 1; P.A. 84-74, S. 1, 2; P.A. 85-152, S. 1; P.A.
86-110; P.A. 91-349, S. 1, 8; P.A. 93-310, S. 28, 32; P.A. 95-79, S. 8, 189; P.A. 96-246, S. 23; P.A. 99-215, S. 1.)
History: P.A. 76-371 included public defenders or assistant public defenders appointed by public defenders services
commission, attorney general, deputy attorney general, assistant attorneys general and any other attorney appointed by
state agency and physicians and psychologists employed by state agencies in definition of "state officers and employees";
P.A. 80-153 included commissioners of superior court hearing small claims matters in definition of "state officers and
employees"; P.A. 80-197 included deputy assistant public defenders and special assistant public defenders as state officers
and employees; P.A. 84-74 included any "associate attorney general" in the definition of state officers and employees; P.A.
85-152 included fact-finders, arbitrators, magistrates, persons in quasi-judicial positions and certain appointees rendering
service to the judicial department in definition of "state officers and employees"; P.A. 86-110 included judges of probate
court and employees of such courts in definition of "state officers and employees"; P.A. 91-349 added exception to the
definition of state officers and employees for medical and dental interns, residents and fellows of The University of
Connecticut; P.A. 93-310 added "attorneys appointed as victim compensation commissioners", effective July 1, 1993;
P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 96-246 included
members of multidisciplinary team established by Commissioner of Children and Families in definition of "state officers
and employers"; P.A. 99-215 included the State-Wide Grievance Committee and the Client Security Fund Committee in
the definition of "state officers and employees" and made technical changes.
Teacher in local school system does not come within definition. 180 C. 96, 100. Cited. 186 C. 300, 301. Cited. 189 C.
550, 555, 556. Cited. 190 C. 622, 623. Cited. 204 C. 17, 35, 37. Cited. 207 C. 59, 66. Cited. 216 C. 85, 89. Plaintiffs in
their role as foster parents were "employees" of the state as that term is used in this section. 238 C. 146. Cited. 239 C. 265.
Cited. 40 CA 460, 463.
Cited. 26 CS 24. Cited. 40 CS 251, 253.
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(1959, P.A. 685, S. 2; P.A. 75-605, S. 1, 27; P.A. 96-85.)
History: P.A. 75-605 replaced commission on claims with claims commissioner; P.A. 96-85 amended Subdiv. (2) to
include suits to recover similar relief arising from the same set of facts.
See Sec. 3-70a(b) re Claims Commissioner's duties with respect to claims for abandoned property.
Cited. 186 C. 300, 301, 307. Cited. 189 C. 550, 555. Cited. 192 C. 98, 104. Cited. 195 C. 534, 539. Cited. 204 C. 17,
35, 36. Cited. 207 C. 59, 66. Cited. 213 C. 548, 553. Cited. 239 C. 265. Cited. 240 C. 246.
Cited. 12 CA 449, 453. Cited. 17 CA 130, 133. Cited. 20 CA 676, 678. Cited. 41 CA 61, 64.
Cited. 26 CS 24.
Subdiv. (1):
Cited. 240 C. 246.
Subdiv. (2):
Cited. 191 C. 222, 226, 229. Cited. 239 C. 265.
Cited. 12 CA 449, 452, 453. Cited. 20 CA 676, 678.
Subdiv. (3):
Cited. 240 C. 246.
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(b) The Office of the Claims Commissioner shall be within the office of the Comptroller for administrative purposes only.
(P.A. 75-605, S. 2, 27; P.A. 82-297; P.A. 84-346, S. 1, 4.)
History: P.A. 82-297 amended section to allow commissioner to enter into contractual agreements and to receive
money, revenue or services from certain entities and individuals; P.A. 84-346 added Subsec. (b), placing office of claims
commissioner within comptroller's office for administrative purposes.
See Sec. 4-38f for definition of "for administrative purposes only".
Cited. 186 C. 300, 301.
Cited. 41 CA 61, 64.
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(P.A. 75-605, S. 3, 27; P.A. 77-614, S. 73, 610; P.A. 82-167, S. 2, 7; P.A. 84-346, S. 2, 4; P.A. 87-496, S. 42, 110.)
History: P.A. 77-614 substituted commissioner of administrative services for public works commissioner; P.A. 82-167
changed required location of office from Hartford to Hartford county; P.A. 84-346 provided that the positions of clerk and
assistant shall be in the unclassified service with compensation fixed pursuant to Sec. 4-40, rather than by the legislative
management committee and deleted provision authorizing committee to approve appointment by the claims commissioner
of such assistants; P.A. 87-496 replaced administrative services commissioner with public works commissioner.
Cited. 186 C. 300, 301. Public act 82-167, section 2 of which amended this section, "should be read as a clarification
of the superior court's ongoing lack of jurisdiction to hear appeals from the claims commissioner". 195 C. 534, 539−541.
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(1959, P.A. 685, S. 3−5; 1961, P.A. 476, S. 1−3; 1969, P.A. 749, S. 10; 1972, P.A. 294, S. 3; P.A. 75-605, S. 26, 27.)
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(1959, P.A. 685, S. 16.)
See Sec. 13a-144 re claims for injuries sustained on state highways or sidewalks.
Cited. 186 C. 300, 301.
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(1959, P.A. 685, S. 6; P.A. 75-605, S. 4, 27; P.A. 82-167, S. 3, 7; P.A. 84-43, S. 2; May Sp. Sess. P.A. 92-6, S. 115, 117.)
History: P.A. 75-605 replaced clerk of commission with clerk of the office of the claims commissioner; P.A. 82-167
added provisions allowing imposition of filing fees of ten or twenty-five dollars depending upon the amount of the claim
and allowing waiver of fees; P.A. 84-43 added provision that a notice of claim sent by mail is deemed to have been filed
on the date it is postmarked; May Sp. Sess. P.A. 92-6 increased claims differential amount from one to five thousand
dollars and fees from twenty-five to fifty and ten to twenty-five dollars.
See Sec. 1-2a re construing of references to "United States mail" or "postmark" to include references to any delivery
service designated by the Secretary of the Treasury pursuant to Section 7502 of the Internal Revenue Code of 1986 or any
successor to the code, as amended, and to any date recorded or marked as described in said Section 7502 by a designated
delivery service and construing of "registered or certified mail" to include any equivalent designated by the Secretary of
the Treasury pursuant to said Section 7502.
Cited. 186 C. 300, 301. Cited. 191 C. 1, 4, 8. Public act 82-167, section 3 of which amended this section, "should be
read as a clarification of the superior court's ongoing lack of jurisdiction to hear appeals from the claims commissioner".
195 C. 534, 539−541. Cited. 211 C. 199, 203, 210. Cited. 212 C. 176, 195. Cited. Id., 415, 418. Cited. 213 C. 13, 15. Cited.
223 C. 52, 54. Cited. 239 C. 265. Cited. 240 C. 246.
Court held authorization to sue related to amount requested, and the plaintiff's suit for more than that amount was
abatable. 26 CS 24. Cited. 40 CS 251, 253.
Subdiv. (3):
Cited. 211 C. 199, 210.
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(b) The General Assembly may, by special act, authorize a person to present a claim
to the Claims Commissioner after the time limitations set forth in subsection (a) of this
section have expired if it deems such authorization to be just and equitable and makes
an express finding that such authorization is supported by compelling equitable circumstances and would serve a public purpose. Such finding shall not be subject to review
by the Superior Court.
(c) No claim cognizable by the Claims Commissioner shall be presented against
the state except under the provisions of this chapter. Except as provided in section 4-
156, no claim once considered by the Claims Commissioner, by the General Assembly
or in a judicial proceeding shall again be presented against the state in any manner.
(1959, P.A. 685, S. 23; P.A. 75-605, S. 5, 27; P.A. 90-284, S. 3.)
History: P.A. 75-605 replaced commission on claims with claims commissioner; P.A. 90-284 inserted new Subsec. (b)
re the authority of the general assembly to permit a person to present a claim after the expiration of the time limitations of
Subsec. (a), and relettered former Subsec. (b) as Subsec. (c).
Cited. 186 C. 300, 301. Cited. 211 C. 199, 203, 205. Cited. 216 C. 85, 89−91. Cited. 240 C. 246.
Cited. 36 CS 271, 274. Cited. 45 CS 136.
Subsec. (a):
Cited. 189 C. 550, 558. Cited. 211 C. 199, 201, 202, 204−206, 211, 214. Cited. 213 C. 13, 16−19. Cited. 216 C. 85, 91.
Cited. 240 C. 246.
Cited. 28 CA 175, 178.
Cited. 36 CS 273, 274.
Subsec. (b):
Cited. 204 C. 17, 36. Cited. 211 C. 199, 211. Cited. 212 C. 415, 421. Cited. 240 C. 246.
Subsec. (c):
Cited. 240 C. 246.
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(b) The Attorney General shall notify the Claims Commissioner and the agency or
department involved within ninety days of receipt of a claim by the Attorney General
in those instances when he determines that protection of the state's interest does not
reasonably require representation by the Attorney General before the Claims Commissioner.
(c) When the representative for the state, which representative may in appropriate
cases be the Attorney General, desires to oppose a claim, he shall file with the clerk of
the Office of the Claims Commissioner a notice of opposition, in duplicate, containing
a concise statement of his objections. The clerk shall promptly deliver a copy thereof
to the claimant.
(d) The Attorney General shall review claims in which he is representing the state
before the Claims Commissioner on May 29, 1984. In those instances where he determines in accordance with subsection (a) of this section that protection of the state's
interest does not reasonably require such representation, the Attorney General shall
notify the Claims Commissioner and the state agency or department involved in the
claim. The Attorney General shall refer such claims to said state agency or department
for representation of the state before the Claims Commissioner.
(1959, P.A. 685, S. 7; P.A. 75-605, S. 6, 27; P.A. 84-264, S. 1, 5.)
History: P.A. 75-605 deleted reference to attorney general as legal advisor to commission and elsewhere replaced
commission with claims commissioner and executive secretary with clerk of the office of the claims commissioner; P.A.
84-264 divided section into Subsecs. and added provisions re: Review of claims by attorney general, determination by
attorney general whether protection of state's interest reasonably requires representation by attorney general before the
claims commissioner, notification of claims commissioner of determination that representation by attorney general is not
reasonably required within ninety days of receipt of claim, and referral of such claims to state agency or department involved
in the claim.
Cited. 186 C. 300, 301.
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(b) Any such service or delivery required between the Claims Commissioner and
any state agency or any state officer or employee may be made through the interdepartmental mailing system of the state, provided reasonable means are taken to ascertain
that the subpoena or paper was received by the addressee.
(1959, P.A. 685, S. 19; P.A. 75-605, S. 7, 27.)
History: P.A. 75-605 replaced commission with claims commissioner.
Cited. 186 C. 300, 301.
Application to notice of claim. 36 CS 273−276.
Subsec. (b):
Cited. 36 CS 273, 275.
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(b) The Claims Commissioner may call witnesses, examine and cross-examine any
witness, require information not offered by the claimant or the Attorney General and
stipulate matters to be argued. The Claims Commissioner shall not be bound by any
law or rule of evidence, except as he may provide by his rules.
(c) The Claims Commissioner may administer oaths, cause depositions to be taken,
issue subpoenas and order inspection and disclosure of books, papers, records and documents. Upon good cause shown any such order or subpoena may be quashed by the
Claims Commissioner.
(d) If any person fails to respond to a subpoena, the Claims Commissioner may
issue a capias, directed to a state marshal to arrest such person and bring him before the
Claims Commissioner to testify.
(e) If any person refuses to testify or to produce any relevant, unprivileged book,
paper, record or document, the Claims Commissioner shall certify such fact to the Attorney General, who shall apply to the superior court for the judicial district in which such
person resides for an order compelling compliance. Further refusal of such person shall
be punished as provided by section 2-46. If such person is the claimant, the Claims
Commissioner shall summarily dismiss his claim and order it forfeited to the state.
(f) When subpoenaed by the Claims Commissioner, witnesses shall be offered the
fees and mileage allowances authorized by section 52-260, provided no such fee or
allowance shall be paid to any state officer or employee who appears on behalf of the
state.
(1959, P.A. 685, S. 8; P.A. 75-605, S. 8, 27; P.A. 78-280, S. 9, 127; P.A. 89-82, S. 4, 11; P.A. 00-99, S. 21, 154.)
History: P.A. 75-605 replaced references to claims commission and its members with references to claims commissioner;
P.A. 78-280 replaced "county courthouse" in Subsec. (a) with "courthouse serving a judicial district or geographical area"
and substituted judicial district for county in Subsec. (e); P.A. 89-82 amended Subsec. (a) to provide for hearing of claims
in legislative office building; P.A. 00-99 changed reference to "sheriff of the county in which such person resides" to "state
marshal" in Subsec. (d), effective December 1, 2000.
Cited. 186 C. 300, 301. Cited. 239 C. 265.
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(1961, P.A. 476, S. 5; 559, S. 2; P.A. 75-605, S. 9, 27; P.A. 82-167, S. 4, 7; P.A. 84-264, S. 2, 5; P.A. 92-34, S. 1.)
History: P.A. 75-605 substituted claims commissioner for commission and changed waiver limit from two hundred
fifty dollars to seven hundred fifty dollars; P.A. 82-167 amended section to allow waiver of hearing of any claim for one
thousand dollars or less instead of the prior limit of seven hundred fifty dollars and allow waiver on motion of commissioner,
claimant or the attorney general; P.A. 84-264 changed "attorney general" to "representative for the state, which representative may in appropriate cases be the attorney general"; P.A. 92-34 increased from one thousand to five thousand dollars
the monetary limit on claims for which the claims commissioner may waive the hearing.
Cited. 186 C. 300, 301. Public act 82-167, section 4 of which amended this section, "should be read as a clarification
of the superior court's ongoing lack of jurisdiction to hear appeals from the claims commissioner". 195 C. 534, 539−541.
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(1959, P.A. 685, S. 18; P.A. 75-605, S. 10, 27.)
History: P.A. 75-605 replaced commission with claims commissioner.
Cited. 186 C. 300, 301.
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(1959, P.A. 685, S. 9; 1961, P.A. 476, S. 4; 559, S. 1; P.A. 75-605, S. 11, 27; P.A. 80-338, S. 7.)
History: 1961 acts required record of claim rather than just of hearing, required retention of record until regular session
following disposition of, rather than hearing on, claim and required copies of hearing transcript as well as record to be
made available; P.A. 75-605 replaced commission with claims commissioner; P.A. 80-338 replaced reference to Sec. 4-
34 with Sec. 11-8a in provision concerning disposal of records.
Cited. 186 C. 300, 301. Cited. 239 C. 265.
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(1959, P.A. 685, S. 10; P.A. 75-605, S. 12, 27; P.A. 84-264, S. 3, 5.)
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".
Cited. 186 C. 300, 301.
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(1959, P.A. 685, S. 17; P.A. 75-605, S. 26, 27.)
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(1959, P.A. 685, S. 21; P.A. 75-605, S. 13, 27; P.A. 84-264, S. 4, 5.)
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 added provisions re review of application for rehearing by the attorney general,
determination of whether representation by the attorney general is required and referral by the attorney general of application
to state agency or department involved in the claim within ninety days of receipt of claim.
Cited. 186 C. 300, 301. Cited. 211 C. 199, 211.
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(1959, P.A. 685, S. 20; P.A. 75-605, S. 14, 27; P.A. 82-167, S. 5, 7; 82-472, S. 7, 183.)
History: P.A. 75-605 replaced commission with claims commissioner; P.A. 82-167 deleted obsolete reference to Secs.
4-46 and 4-49, substituting reference to Ch. 54; P.A. 82-472 required commissioner to adopt regulations in accordance
with Ch. 54 and deleted references to rules subject to repealed Secs. 4-46 and 4-49.
Cited. 186 C. 300, 301. Cited. 189 C. 550, 556, 559. Public act 82-167, section 5 of which amended this section, "should
be read as a clarification of the superior court's ongoing lack of jurisdiction to hear appeals from the claims commissioner".
195 C. 534, 539−541.
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(b) Any person who, having filed a claim for more than seven thousand five hundred
dollars, wishes to protest an award of the Claims Commissioner under the provisions
of this section may waive immediate payment and his claim shall be submitted to the
General Assembly under the provisions of section 4-159. Such waiver shall be in writing
and shall be filed with the Claims Commissioner within ten days after the claimant
receives a copy of the order approving payment.
(1959, P.A. 685, S. 11; 1961, P.A. 476, S. 6; P.A. 75-605, S. 15, 27; P.A. 84-407, S. 1, 5.)
History: 1961 act specified payments in case of contractual claims for goods or services be made from agency's appropriation and added Subsec. (b); P.A. 75-605 replaced commission with claims commissioner and executive secretary with
clerk of the office of the claims commissioner and raised limit for immediately payable claims and for those brought before
the general assembly from twenty-five hundred to five thousand dollars; P.A. 84-407 amended section by increasing claim
which commissioner may immediately approve from five thousand to seven thousand five hundred dollars and similarly
amended corresponding provision re claims submitted to general assembly.
Cited. 186 C. 300, 301. Cited. 204 C. 17, 35. Cited. 209 C. 679, 689. Cited. 222 C. 280, 290.
Subsec. (a):
Cited. 211 C. 199, 202, 209.
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(1959, P.A. 685, S. 12; 1961, P.A. 476, S. 7; P.A. 75-605, S. 16, 27; P.A. 84-407, S. 4, 5; P.A. 89-208, S. 1, 2; P.A.
90-284, S. 1.)
History: 1961 act substituted "amounts exceeding" for "claims for more than" twenty-five hundred dollars; P.A. 75-
605 replaced commission with claims commissioner and raised amount of claims brought before the general assembly
from twenty-five hundred to five thousand dollars; P.A. 84-407 amended section by increasing amount of claim from five
thousand to seven thousand five hundred dollars; P.A. 89-208 authorized the general assembly to grant or deny the claimant
permission to sue the state when it rejects the recommendation of the claims commissioner and deleted the provision that
stated the general assembly shall not be required to hold public hearings on the recommendations of the claims commissioner; P.A. 90-284 added provision specifying the standard for the general assembly to apply when granting permission
to sue the state.
Cited. 186 C. 300, 301. Cited. 189 C. 550, 556, 559. Cited. 204 C. 17, 35. Cited. 209 C. 679, 689. Cited. 211 C. 199,
210−212. Cited. 212 C. 415, 424. Cited. 222 C. 280, 290. Cited. 239 C. 265.
Cited. 20 CA 676, 678.
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(b) In any claim alleging malpractice against the state, a state hospital or a sanitorium
or against a physician, surgeon, dentist, podiatrist, chiropractor or other licensed health
care provider employed by the state, the attorney or party filing the claim may submit
a certificate of good faith to the Claims Commissioner in accordance with section 52-
190a. If such a certificate is submitted, the Claims Commissioner shall authorize suit
against the state on such claim.
(c) In each action authorized by the Claims Commissioner pursuant to subsection
(a) or (b) of this section or by the General Assembly pursuant to section 4-159, the
claimant shall allege such authorization and the date on which it was granted. The state
waives its immunity from liability and from suit in each such action and waives all
defenses which might arise from the eleemosynary or governmental nature of the activity
complained of. The rights and liability of the state in each such action shall be coextensive with and shall equal the rights and liability of private persons in like circumstances.
(d) No such action shall be brought but within one year from the date such authorization to sue is granted. With respect to any claim pending before the Claims Commissioner
on October 1, 1992, or presented to the Claims Commissioner on or after said date for
which authorization to sue is granted, any statute of limitation applicable to such action
shall be tolled until the date such authorization to sue is granted. Action shall be brought
against the state as party defendant in the judicial district in which the claimant resides
or, if the claimant is not a resident of this state, in the judicial district of Hartford or in
the judicial district in which the claim arose.
(e) Civil process directed against the state shall be served as provided by section
52-64.
(f) Issues arising in such actions shall be tried to the court without a jury.
(g) The laws and rules of practice governing disclosures in civil actions shall apply
against state agencies and state officers and employees possessing books, papers, records, documents or information pertinent to the issues involved in any such action.
(h) The Attorney General, with the consent of the court, may compromise or settle
any such action. The terms of every such compromise or settlement shall be expressed
in a judgment of the court.
(i) Costs may be allowed against the state as the court deems just, consistent with
the provisions of chapter 901.
(j) The clerk of the court in which judgment is entered against the state shall forward
a certified copy of such judgment to the Comptroller. The Attorney General shall certify
to the Comptroller when the time allowed by law for proceeding subsequent to final
judgment has expired and he shall designate the state agency involved in the action.
Upon receipt of such judgment and certification the Comptroller shall make payment
as follows: Amounts directed by law to be paid from a special fund shall be paid from
such special fund; amounts awarded upon contractual claims for goods or services furnished or for property leased shall be paid from the appropriation of the agency which
received such goods or services or occupied such property; all other amounts shall be
paid from such appropriation as the General Assembly may have made for the payment
of claims.
(k) Within five days after the convening of each regular session, the Attorney General shall report to the General Assembly on the status and disposition of all actions
authorized pursuant to this section or section 4-159.
(1959, P.A. 685, S. 13; 1961, P.A. 476, S. 8; P.A. 75-605, S. 17, 27; P.A. 78-280, S. 2, 5, 6, 127; P.A. 84-407, S. 2, 5;
P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; 90-284, S. 2; P.A. 92-34, S. 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-120; P.A. 95-
220, S. 4−6; P.A. 98-76, S. 1.)
History: 1961 act added to Subsec. (h) provision that amounts awarded on contractual claims be paid from appropriation
of agency receiving goods or services; P.A. 75-605 replaced commission with claims commissioner and deleted specific
dollar amount for claims in suits against the state under Subsec. (a); P.A. 78-280 deleted words "county or" in the phrase
"county or judicial district" and replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 84-407
amended Subsec. (b) to provide one year statute of limitations on actions authorized by claims commissioner from the
date such authorization to sue was granted; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial
district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September
1, 1991, to September 1, 1993; P.A. 90-284 divided former Subsec. (a) into Subsecs. (a) and (b) and relettered remaining
Subsecs. accordingly, and amended Subsecs. (b) and (j) to make provisions of section applicable to actions authorized by
the general assembly pursuant to Sec. 4-159; P.A. 92-34 amended Subsec. (c) to provide that any statute of limitation
applicable to such action shall be tolled until the date authorization to sue is granted; P.A. 93-142 changed the effective
date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 94-120 amended Subsec.
(c) to make the provision re tolling of any statute of limitation applicable with respect to any claim pending before the claims
commissioner on October 1, 1992, or presented to the claims commissioner on or after said date for which authorization to
sue is granted; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998,
effective July 1, 1995; P.A. 98-76 added new Subsec. (b) authorizing the submission of a certificate of good faith in
medical malpractice claims and requiring the Claims Commissioner to authorize suit against the state if such a certificate
is submitted, redesignating the remaining Subsecs. accordingly, and amended Subsec. (c) to add reference to Subsec. (b).
See Sec. 28-13 re immunity from liability granted with respect to civil preparedness activities.
Cited. 152 C. 580. Cited. 172 C. 603, 605. Cited. 186 C. 300, 301. Cited. 191 C. 222, 225, 226. Cited. 204 C. 17, 36.
Cited. 209 C. 679, 689. Cited. 212 C. 415, 421. Cited. 213 C. 13, 16. Cited. 239 C. 265. Cited. 240 C. 246.
Cited. 4 CA 535. Cited. 12 CA 449, 452, 453, 455. Cited. 20 CA 676, 678. Cited. 44 CA 651.
Court held that authorization to sue related to the amount requested under section 4-147, and plaintiff's suit for more
than that amount was abatable. 26 CS 24.
Subsec. (a):
Cited. 185 C. 616, 621. Cited. 189 C. 550, 557, 558. Cited. 191 C. 222, 230. Cited. 204 C. 17, 22, 35, 36. Cited. 209
C. 679, 689. Cited. 211 C. 199, 203, 210. Cited. 212 C. 415, 416, 420, 421, 423, 424. Cited. 213 C. 13, 14. Cited. Id., 548,
553. Cited. 216 C. 85, 88, 93. Cited. 222 C. 280, 290. Cited. 238 C. 146. Cited. 239 C. 265. Cited. 240 C. 246.
Cited. 12 CA 449, 453. Cited. 17 CA 130, 133. Cited. 40 CA 460, 467. Cited. 41 CA 61, 64. Cited. 44 CA 651.
Subsec. (b):
Cited. 239 C. 265.
Cited. 40 CA 460, 467.
Subsec. (c):
Cited. 239 C. 265.
Subsec. (d):
Cited. 239 C. 265.
Subsec. (e):
Cited. 221 C. 346, 354.
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(1961, P.A. 559, S. 3.)
Cited. 186 C. 300, 301.
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(b) Any payment of claim made by the Claims Commissioner shall be reduced by
the amount received by the claimant from any other source for such claim.
(P.A. 75-605, S. 18, 27.)
Cited. 186 C. 300, 301.
Subsec. (a):
Cited. 195 C. 534, 535.
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(1959, P.A. 685, S. 14.)
Cited. 186 C. 300, 301.
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(1959, P.A. 685, S. 15; 1967, P.A. 466.)
History: 1967 act replaced "general fund" with "fund from which the appropriation was made".
Cited. 186 C. 300, 301.
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(b) Any person who knowingly presents or attempts to present and any person who
knowingly participates in the preparation, presentation or allowance of a false or fraudulent claim shall be fined not more than two hundred dollars or imprisoned not more than
six months or both. Any state officer or employee so convicted shall be subject to removal
from his office or employment.
(1959, P.A. 685, S. 24.)
Cited. 186 C. 300, 301.
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(b) The action of the Claims Commissioner in approving or rejecting payment of
any claim or part thereof shall be final and conclusive on all questions of law and fact
and shall not be subject to review except by the General Assembly.
(1959, P.A. 685, S. 22; 1961, P.A. 476, S. 9; P.A. 75-605, S. 19, 27; P.A. 76-436, S. 250, 681; P.A. 78-280, S. 1, 2, 5,
127; P.A. 82-167, S. 6, 7; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6; P.A. 99-
215, S. 24, 29.)
History: 1961 act restated and clarified Subsec. (b); P.A. 75-605 replaced commission with claims commissioner; P.A.
76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted the words "county
or" in the phrase "county or judicial district" and replaced "Hartford county" with "the judicial district of Hartford-New
Britain"; P.A. 82-167 amended Subsec. (b) to provide that only review is by the general assembly; P.A. 88-230 replaced
"judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98
changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective
date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the
effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced
"judicial district of Hartford" with "judicial district of New Britain" in Subsec. (a), effective June 29, 1999.
Cited. 186 C. 300, 301. Cited. 195 C. 534, 538. Public act 82-167, section 6 of which amended this section, "should
be read as clarification of the superior court's ongoing lack of jurisdiction to hear appeals from the claims commissioner".
195 C. 534, 539−541. Cited. 204 C. 259, 280.
Cited. 44 CS 297.
Subsec. (b):
Not repealed by chapter 54 or Sec. 4-189; does not bar appeal from decision of claims commission in violation of
constitutional or statutory provisions, in excess of statutory authority or made upon unlawful procedure, and such appeals
are governed by chapter 54. 172 C. 603. Cited. 195 C. 534, 539. Cited. 211 C. 199, 200, 212.
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(P.A. 82-167, S. 1, 7; P.A. 88-317, S. 47, 107.)
History: P.A. 88-317 amended reference to Secs. 4-177 to 4-183 to include new sections added to Ch. 54, effective
July 1, 1989, and applicable to all agency proceedings commencing on or after that date.
Cited. 186 C. 300, 301. Public act 82-167, section 1 of which amended this section, "should be read as a clarification
of the superior court's ongoing lack of jurisdiction to hear appeals from the claims commissioner". 195 C. 534, 537, 539−
541. Cited. 204 C. 259, 281. Cited. 212 C. 415, 424.
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(1959, P.A. 685, S. 25; P.A. 76-371, S. 2, 5; P.A. 80-153, S. 2; 80-197, S. 2; 80-394, S. 6, 13; P.A. 83-464, S. 1, 5; 83-
533, S. 45, 54; P.A. 84-45, S. 1, 2; 84-397, S. 2, 7; 84-546, S. 10, 173; P.A. 85-152, S. 2; P.A. 99-215, S. 2.)
History: P.A. 76-371 defined "scope of employment" for purposes of section; P.A. 80-153 added performance of duties
of superior court commissioner in hearing small claims matter to definition of "scope of employment"; P.A. 80-197 included
representation by assistant public defenders or court-appointed special assistant public defender in definition of "scope of
employment"; P.A. 80-394 included court security officers as state employees for purposes of section; P.A. 83-464 replaced
"performance of his duties" with "discharge of his duties" and replaced "wilful" with "reckless or malicious"; P.A. 83-
533 amended section to include performance of duties as a trustee of the state employees' retirement system; P.A. 84-45
included members or employees of the soil and water district boards as state employees for purposes of section; P.A. 84-
397 deleted provision that included court security officers as state employees for purposes of section; P.A. 84-546 made
technical change substituting "discharge" for "performance" of duties; P.A. 85-152 included discharge of duties of commissioner of superior court acting as fact-finder, arbitrator, magistrate or in other quasi-judicial position and discharge of
certain appointees rendering services to judicial department in definition of "scope of employment"; P.A. 99-215 added
phrase "including, but not limited to, the Legal Specialization Screening Committee, the State-Wide Grievance Committee,
the Client Security Fund Committee and the State Bar Examining Committee".
See Sec. 5-141d re indemnification of state officers and employees.
See Sec. 10-235 re indemnification of teachers and certain educational board members and employees.
See Sec. 19a-24 re indemnification of health-related personnel.
Section does not apply to teachers in local school systems. 180 C. 96, 100, 101. Specific language of this statute prevails
over general language of Sec. 31-293a as applied to fellow state employees. 185 C. 616, 618, 620, 621, 624. Cited. 186
C. 300, 301. Cited. 187 C. 53, 63, 65. Issue of unconstitutionality of statute not resolved at this time because it was not
properly before the court. 189 C. 550−555, 558, 559. Cited. 209 C. 679, 689. Cited. 210 C. 531, 544. Cited. 229 C. 479,
480, 484, 486, 487, 489, 498−500. Cited. 234 C. 539, 569. Plaintiffs in their role as foster parents were "employees" of
the state as that term is used in this section. 238 C. 146.
Cited. 12 CA 449, 453. Cited. 40 CA 460, 462−464, 467.
Cited. 33 CS 546, 548.
Cited. 4 Conn. Cir. Ct. 119.
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(P.A. 75-605, S. 24, 27.)
Cited. 186 C. 300, 301.
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(b) All matters pending before the committee established pursuant to section 18-
95 of the general statutes, revision of 1958, revised to 1975, on May 3, 1976, shall be
construed as pending with the same status with the Claims Commissioner on said date.
(P.A. 76-136, S. 1, 2, 4; P.A. 93-91, S. 1, 2.)
History: P.A. 93-91 substituted department of children and families for department of children and youth services,
effective July 1, 1993.
Cited. 186 C. 300, 301. Cited. 212 C. 415, 418, 424.
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