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, employees of such courts and special limited conservators appointed by such courts pursuant to section 17a-543a. In addition to the foregoing, "state officers and employees"
includes attorneys appointed as victim compensation commissioners, attorneys appointed by the Public Defender 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, the advisory committee appointed
pursuant to section 51-81d 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.
(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; P.A. 04-160, S. 4; 04-257, S. 2; May Sp. Sess. P.A. 04-2, S. 19.)
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; P.A. 04-160 added provision re special limited
conservators appointed pursuant to Sec. 17a-543a; P.A. 04-257 made technical changes, effective June 14, 2004; May Sp.
Sess. P.A. 04-2 added provision re advisory committee appointed pursuant to Sec. 51-81d and made technical changes.
Teacher in local school system does not come within definition. 180 C. 96. Cited. 186 C. 300. Cited. 189 C. 550. Cited.
190 C. 622. Cited. 204 C. 17. Cited. 207 C. 59. Cited. 216 C. 85. 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. "Claim" means petition for permission to
sue state for payment or refund of money. 271 C. 96.
Cited. 40 CA 460.
Cited. 26 CS 24. Cited. 40 CS 251.
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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.
(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. Cited. 189 C. 550. Cited. 192 C. 98. Cited. 195 C. 534. Cited. 204 C. 17. Cited. 207 C. 59. Cited.
213 C. 548. Cited. 239 C. 265. Cited. 240 C. 246. Exception carved out in section inapplicable to claims under Sec. 53-39a. 263 C. 74.
Cited. 12 CA 449. Cited. 17 CA 130. Cited. 20 CA 676. Cited. 41 CA 61.
Cited. 26 CS 24.
Subdiv. (2):
Cited. 191 C. 222.
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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.
(b) The Office of the Claims Commissioner shall be within the Department of Administrative Services, provided the office shall have independent decision-making authority.
(P.A. 75-605, S. 2, 27; P.A. 82-297; P.A. 84-346, S. 1, 4; Sept. Sp. Sess. P.A. 09-7, S. 25.)
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; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (b) to
move office from office of the Comptroller to Department of Administrative Services, effective October 5, 2009.
Cited. 186 C. 300.
Cited. 41 CA 61.
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Sec. 4-142b. Staff. Office. The Department of Administrative Services shall provide staff support for the Office of the Claims Commissioner. 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.
(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;
Sept. Sp. Sess. P.A. 09-7, S. 26.)
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; Sept. Sp.
Sess. P.A. 09-7 deleted provisions re employment of clerk and other assistants and added provision requiring Department
of Administrative Services to provide staff support, effective October 5, 2009.
Cited. 186 C. 300. 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.
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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.
(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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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.
(1959, P.A. 685, S. 16.)
See Sec. 13a-144 re claims for injuries sustained on state highways or sidewalks.
Cited. 186 C. 300.
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Sec. 4-147. Notice of claim. Filing fees. Any person wishing to present a claim
against the state shall file with 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 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.
(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; Sept. Sp. Sess. P.A. 09-7, S. 29.)
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 $10 or $25 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 $1,000 to $5,000 and fees from $25 to
$50 and $10 to $25; Sept. Sp. Sess. P.A. 09-7 deleted references to clerk of the office, effective October 5, 2009.
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. Cited. 191 C. 1. 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. Cited. 211 C. 199. Cited. 212 C. 176; Id., 415. Cited. 213 C. 13. Cited. 223 C. 52. 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.
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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.
(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. Cited. 211 C. 199. Cited. 216 C. 85. Cited. 240 C. 246.
Cited. 36 CS 271. Cited. 45 CS 136.
Subsec. (a):
Cited. 189 C. 550. Cited. 213 C. 13. Correct legal standard by which to evaluate timeliness of causes of action in
negligence restated. Limitation period for actions in negligence begins to run on date when injury is first discovered or in
exercise of reasonable care should have been discovered. 268 C. 723.
Cited. 28 CA 175.
Cited. 36 CS 273.
Subsec. (b):
Cited. 204 C. 17. Cited. 212 C. 415, 421.
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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.
(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 the Attorney General 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, such representative shall file
with the Office of the Claims Commissioner a notice of opposition, in duplicate, containing a concise statement of such representative's objections. The Office of the Claims
Commissioner shall promptly deliver a copy thereof to the claimant.
(1959, P.A. 685, S. 7; P.A. 75-605, S. 6, 27; P.A. 84-264, S. 1, 5; P.A. 02-89, S. 5; Sept. Sp. Sess. P.A. 09-7, S. 28.)
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 90 days of receipt of claim, and referral of such claims to state agency or department involved
in the claim; P.A. 02-89 deleted as obsolete former Subsec. (d) requiring the Attorney General to review claims in which
he is representing the state before the Claims Commissioner on May 29, 1984, and, if he determines that protection of the
state's interest does not require such representation, to refer any such claims to the appropriate state agency or department for
representation of the state before the Claims Commissioner, and made technical changes for purposes of gender neutrality in
Subsecs. (b) and (c); Sept. Sp. Sess. P.A. 09-7 amended Subsec. (c) to delete references to clerk of the office and make a
conforming change, effective October 5, 2009.
Cited. 186 C. 300.
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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.
(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.
Application to notice of claim. 36 CS 273.
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Sec. 4-151. Hearings. (a) Claims shall be heard as soon as practicable after they
are filed. The following claims shall be privileged with respect to assignment for hearing:
(1) Claims by persons who are sixty-five years or older or who reach such age during
the pendency of the claim, (2) claims by persons who are terminally ill, as defined in
section 52-191c, and (3) claims by executors or administrators of estates. 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.
(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 such person
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; P.A.
01-167, S. 2; 01-195, S. 4, 181.)
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; P.A. 01-167 amended Subsec. (a) to specify types of claims that are
privileged with respect to assignment for hearing; P.A. 01-195 made a technical change in Subsec. (d) for the purposes of
gender neutrality, effective July 11, 2001.
Cited. 186 C. 300. Cited. 239 C. 265.
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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.
(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 $250 to $750;
P.A. 82-167 amended section to allow waiver of hearing of any claim for $1,000 or less instead of the prior limit of $750
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 $1,000 to $5,000 the monetary limit on claims for which the claims commissioner may waive the hearing.
Cited. 186 C. 300. 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.
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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.
(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.
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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.
(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. Cited. 239 C. 265.
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Sec. 4-154. Time limit for decision. Notice to claimant. (a) Not later than ninety
days after hearing a claim, the Claims Commissioner shall render a decision as provided
in subsection (a) of section 4-158. The Claims Commissioner 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 deliver 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
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 Claims Commissioner or remand the claim
to 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 the decision of the Claims Commissioner, 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 Claims Commissioner. The notice shall indicate the date by which such a request must be filed with the
Office of the Claims Commissioner.
(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.)
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.
Cited. 186 C. 300.
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Sec. 4-155. Disqualification of commission member. Section 4-155 is repealed.
(1959, P.A. 685, S. 17; P.A. 75-605, S. 26, 27.)
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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 in the application the matters which he desires to submit to the Claims Commissioner. The Office of the Claims Commissioner shall promptly deliver a copy of the
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 the 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.
(1959, P.A. 685, S. 21; P.A. 75-605, S. 13, 27; P.A. 84-264, S. 4, 5; Sept. Sp. Sess. P.A. 09-7, S. 173.)
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 90 days of receipt of claim; Sept. Sp. Sess. P.A. 09-7 deleted
reference to clerk of the office and made technical changes, effective October 5, 2009.
Cited. 186 C. 300. Cited. 211 C. 199.
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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.
(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. Cited. 189 C. 550. 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.
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Sec. 4-158. Decision by Claims Commissioner. Request for legislative review.
Payment of smaller claims. (a) The Claims Commissioner may (1) order that a claim
be denied or dismissed, (2) order immediate payment of a just claim in an amount not
exceeding seven thousand five hundred dollars, (3) recommend to the General Assembly
payment of a just claim in an amount exceeding seven thousand five hundred dollars,
or (4) authorize a claimant to sue the state, as provided in section 4-160.
(b) Any person who has filed a claim for more than seven thousand five hundred
dollars may request the General Assembly to review a decision of the Claims Commissioner (1) ordering the denial or dismissal of the claim pursuant to subdivision (1) of
subsection (a) of this section, including denying or dismissing a claim that requests
permission to sue the state, or (2) ordering immediate payment of a just claim in an
amount not exceeding seven thousand five hundred dollars pursuant to subdivision (2)
of subsection (a) of this section. A request for review shall be in writing and filed with
the Office of the Claims Commissioner not later than twenty days after the date the
person requesting such review receives a copy of the decision. The filing of a request
for review shall automatically stay the decision of the Claims Commissioner.
(c) The Claims Commissioner shall submit each claim for which a request for review
is filed pursuant to this section to the General Assembly pursuant to section 4-159.
(d) If the Claims Commissioner orders immediate payment of a just claim in an
amount not exceeding seven thousand five hundred dollars pursuant to subdivision (2)
of subsection (a) of this section and a request for review is not timely filed pursuant to
subsection (b) of this section, 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.
(e) Whenever the Claims Commissioner deems it just and equitable, the Claims
Commissioner may, at any time prior to the submission of a claim to the General Assembly pursuant to subsection (a) of section 4-159, vacate the decision made pursuant to
subsection (a) of this section and undertake such further proceedings in accordance with
this chapter as the Claims Commissioner may, in his or her discretion, deem appropriate.
(f) Not later than 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.
(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; P.A. 05-170, S. 1; P.A. 09-44, S. 1; Sept. Sp. Sess. P.A. 09-7, S. 174.)
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 $2,500 to $5,000; P.A. 84-407 amended section by increasing claim which commissioner may
immediately approve from $5,000 to $7,500 and similarly amended corresponding provision re claims submitted to general
assembly; P.A. 05-170 added Subsec. (a)(1) re authority to order that a claim be denied or dismissed, designating existing
provision re authority to order immediate payment of a just claim in an amount not exceeding $7,500 as Subdiv. (2), added
(a)(3)and (4) re authority to recommend payment of a just claim in an amount exceeding $7,500 and authority to authorize
a claimant to sue the state, added new Subsec. (b) to authorize a person who has filed a claim for more than $7,500 to
request the General Assembly to review a decision of the Claims Commissioner ordering the denial or dismissal of the
claim or ordering immediate payment of the claim in an amount not exceeding $7,500, require the request be in writing
and filed not later than 20 days after receipt of the decision and provide that the filing of the request automatically stays
the decision, added new Subsec. (c) requiring the Claims Commissioner to submit each claim for which a request for
review is filed to the General Assembly, designated existing provisions re delivery of a certified copy of the Claims
Commissioner's order and payment by the Comptroller when the immediate payment of a claim in an amount not exceeding
$7,500 is ordered as Subsec. (d) and amended said Subsec. to make provisions applicable if a request for review is not
timely filed pursuant to Subsec. (b), designated existing provisions requiring the Claims Commissioner to report to the
General Assembly on all claims decided pursuant to this section as Subsec. (e) and deleted former Subsec. (b) re procedure
when a person wishes to protest an award and waive immediate payment; P.A. 09-44 added new Subsec. (e) authorizing
Claims Commissioner to vacate a decision and undertake further proceedings deemed appropriate and redesignated existing
Subsec. (e) as Subsec. (f), effective May 20, 2009, and applicable to claims filed prior to, on or after that date; Sept. Sp.
Sess. P.A. 09-7 amended Subsec. (d) by deleting reference to clerk of the office, effective October 5, 2009.
Cited. 186 C. 300. Cited. 204 C. 17. Cited. 209 C. 679. Cited. 222 C. 280.
Subsec. (a):
Cited. 211 C. 199.
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Sec. 4-159. Submission of certain claims to legislature. Review and disposition
of claims by legislature. (a) Not later than 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 to
the General Assembly (1) all claims for which the Claims Commissioner recommended
payment of a just claim in an amount exceeding seven thousand five hundred dollars
pursuant to subdivision (3) of subsection (a) of section 4-158, and (2) all claims for
which a request for review has been filed pursuant to subsection (b) of section 4-158,
together with a copy of the Claims Commissioner's findings and the hearing record of
each claim so reported.
(b) The General Assembly shall:
(1) With respect to a decision of the Claims Commissioner ordering the denial or
dismissal of a claim pursuant to subdivision (1) of subsection (a) of section 4-158:
(A) Confirm the decision; or
(B) Vacate the decision and, in lieu thereof, (i) order the payment of the claim in a
specified amount, or (ii) authorize the claimant to sue the state;
(2) With respect to a decision of the Claims Commissioner ordering the immediate
payment of a just claim in an amount not exceeding seven thousand five hundred dollars
pursuant to subdivision (2) of subsection (a) of section 4-158:
(A) Confirm the decision;
(B) Modify the decision by ordering that a different amount be paid; or
(C) Vacate the decision and, in lieu thereof, (i) order no payment be made, or (ii)
authorize the claimant to sue the state;
(3) With respect to a decision of the Claims Commissioner recommending payment
of a just claim in an amount exceeding seven thousand five hundred dollars pursuant
to subdivision (3) of subsection (a) of section 4-158:
(A) Accept the recommendation and order payment of the specified amount;
(B) Modify the recommendation by ordering that a different amount be paid; or
(C) Reject the recommendation and, in lieu thereof, (i) order no payment be made,
or (ii) authorize the claimant to sue the state; or
(4) With respect to a decision of the Claims Commissioner pursuant to subdivision
(1), (2) or (3) of subsection (a) of section 4-158, remand the claim to the Claims Commissioner for such further proceedings as the General Assembly may direct.
(c) 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.
(d) If the General Assembly orders the payment of a claim, the Office of the Claims
Commissioner shall deliver to the Comptroller a notice of the order and the Comptroller
shall make payment in the manner prescribed for payment of an order of the Claims
Commissioner pursuant to section 4-158.
(e) The review by the General Assembly of claims submitted to it by the Claims
Commissioner under this section shall be conducted in accordance with such procedures
as the General Assembly may prescribe.
(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; P.A. 05-170, S. 2; P.A. 07-217, S. 8; Sept. Sp. Sess. P.A. 09-7, S. 175.)
History: 1961 act substituted "amounts exceeding" for "claims for more than" $2,500; P.A. 75-605 replaced commission
with claims commissioner and raised amount of claims brought before the general assembly from $2,500 to $5,000; P.A.
84-407 amended section by increasing amount of claim to $7,500; 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; P.A. 05-170 designated existing provisions re submission to the General Assembly of the
recommendations of the Claims Commissioner, together with the findings and hearing record of each claim, and the
timeframe therefor, as Subsec. (a) and amended said Subsec. to replace requirement that the Claims Commissioner, after
hearing, make and submit his recommendations to the General Assembly for the payment or rejection of amounts exceeding
$7,500 with the requirement that the Claims Commissioner submit all claims where payment in an amount exceeding
$7,500 was recommended pursuant to Sec. 4-158(a)(3) and all claims for which a request for review has been filed pursuant
to Sec. 4-158(b), replaced provision authorizing the General Assembly to accept or alter any such recommendation or
reject any such recommendation and grant or deny the claimant permission to sue the state with new Subsec. (b) requiring
the General Assembly to take action with respect to certain decisions of the Claims Commissioner and setting forth the
dispositional options available to it for each type of decision, designated existing provision re authority of the General
Assembly to grant the claimant permission to sue the state and the standard therefor as Subsec. (c), added new Subsec. (d)
re procedure for payment by the Comptroller if the General Assembly orders payment and added new Subsec. (e) re
procedure for the review of claims by the General Assembly; P.A. 07-217 made a technical change in Subsec. (a), effective
July 12, 2007; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (d) by deleting reference to clerk of the office, effective October
5, 2009.
Cited. 186 C. 300. Cited. 189 C. 550. Cited. 204 C. 17. Cited. 209 C. 679. Cited. 211 C. 199. Cited. 212 C. 415. Cited.
222 C. 280. Cited. 239 C. 265.
Cited. 20 CA 676.
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Sec. 4-159a. Report re claims not timely disposed of. Notice to claimants. Action by General Assembly. (a)(1) Within five days after the convening of the 2002
regular session, the Claims Commissioner shall report to the General Assembly on all
claims that have been filed with the Office of the Claims Commissioner pursuant to
section 4-147 and have not been disposed of by the Claims Commissioner within three
years of the date of filing, except claims in which the parties have stipulated to an
extension of time for the Claims Commissioner to dispose of the claim.
(2) Within five days after the convening of the 2003 regular session, and each regular
session thereafter, the Claims Commissioner shall report to the General Assembly on
all claims that have been filed with the Office of the Claims Commissioner pursuant to
section 4-147 and have not been disposed of by the Claims Commissioner within two
years of the date of filing or within any extension thereof granted by the General Assembly pursuant to subsection (c) of this section, except claims in which the parties have
stipulated to an extension of time for the Claims Commissioner to dispose of the claim.
(b) The Claims Commissioner shall give notice to all claimants whose claims are
the subject of a report as provided in subsection (a) of this section that their claims will
be considered at the next regular session of the General Assembly pursuant to subsection
(c) of this section.
(c) With respect to any claim that is the subject of a report as provided in subsection
(a) of this section, the General Assembly may (1) grant the Claims Commissioner an
extension for a period specified by the General Assembly to dispose of such claim, (2)
grant the claimant permission to sue the state, (3) grant an award to the claimant, or (4)
deny the claim.
(P.A. 01-167, S. 1.)
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Sec. 4-160. Authorization of actions against the state. (a) When the Claims Commissioner deems it just and equitable, the Claims Commissioner may authorize suit
against the state on any claim which, in the opinion of the Claims Commissioner, presents
an issue of law or fact under which the state, were it a private person, could be liable.
(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 or 4-159a, the claimant shall allege such authorization and the date on which it was granted,
except that evidence of such authorization shall not be admissible in such action as
evidence of the state's liability. 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 the Attorney General 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) Not later than five days after the convening of each regular session, the Attorney
General shall report to the joint standing committee of the General Assembly on the
judiciary on the status and disposition of all actions authorized pursuant to this section
or section 4-159, or brought against the state under any other provision of law and in
which the interests of the state are represented by the Attorney General. The report shall
include: (1) The number of such actions pending in state and federal court, categorized
by the alleged ground for the action, (2) the number of new actions brought in the
preceding year in state and federal court, categorized by the alleged ground for the
action, (3) the number of actions disposed of in the preceding year, categorized by the
ground for the action that was disposed of and whether the action was disposed of by
settlement or litigation to final judgment, and the amount paid for actions within the
respective categories, and (4) such other information as may be requested, from time
to time, by the joint standing committee of the General Assembly on the judiciary. The
report shall identify each action disposed of by payment of an amount exceeding one
hundred thousand dollars.
(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; P.A. 01-167, S. 3; P.A. 05-170, S. 4.)
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);
P.A. 01-167 amended Subsec. (c) to include actions authorized by the General Assembly pursuant to Sec. 4-159a and to
add exception that evidence of an authorization shall not be admissible in an action as evidence of the state's liability; P.A.
05-170 amended Subsecs. (a) and (j) to make technical changes for purposes of gender neutrality and amended Subsec.
(k) to require the Attorney General to report to the "joint standing committee of the General Assembly on the judiciary"
rather than to the "General Assembly", require the report to include actions "brought against the state under any other
provision of law and in which the interests of the state are represented by the Attorney General", add provision requiring
the report to include information re the number of pending actions, the number of new actions brought in the preceding
year, the number of actions disposed of in the preceding year and the amount paid for those actions, and such other
information as requested by the judiciary committee of the General Assembly, and add provision requiring the report to
identify each action disposed of by payment of an amount exceeding $100,000.
See Sec. 28-13 re immunity from liability granted with respect to civil preparedness activities.
Cited. 152 C. 580. Cited. 172 C. 603. Cited. 186 C. 300. Cited. 191 C. 222. Cited. 204 C. 17. Cited. 209 C. 679. Cited.
212 C. 415. Cited. 213 C. 13. Cited. 239 C. 265. Cited. 240 C. 246.
Cited. 4 CA 535. Cited. 12 CA 449. Cited. 20 CA 676. 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. Because claims commissioner has authority to grant permission to sue for
intentional torts, and since there is no dispute that claims commissioner can authorize suits alleging negligence, it necessarily
follows that commissioner has the power to grant permission to sue for conduct that falls in between these two points on
the possible spectrum of possible mental states. 50 CS 271.
Subsec. (a):
Cited. 185 C. 616. Cited. 189 C. 550. Cited. 211 C. 199. Cited. 213 C. 548. Cited. 216 C. 85. Cited. 222 C. 280. Cited.
238 C. 146. Subsec. pertains to claims for money damages and claims commissioner does not have jurisdiction to waive
state's sovereign immunity and grant claimant permission to file apportionment complaint pursuant to Sec. 52-102b, against
state, because apportionment claims are not claims for monetary damages. 271 C. 96.
Cited. 17 CA 130. Cited. 40 CA 460. Cited. 41 CA 61.
Subsec. (b):
Effect of subsec. was to deprive claims commissioner of broad discretionary decision-making power to authorize suit
against state in cases where claimant has brought medical malpractice claim and filed certificate of good faith. Instead,
subsec. requires claims commissioner to authorize suit in all such cases. 273 C. 610.
Cited. 40 CA 460.
Subsec. (c):
Provision limits liability of state to acts of its employees arising out of employer-employee relationship. 265 C. 301.
Defendant, an entity of the state, may not assert the "public duty doctrine" as a defense because the doctrine is a
governmental defense waived by the statute. 50 CS 72.
Subsec. (d):
Does not provide that any applicable statute of limitation will be terminated or begin anew, rather it provides that the
statute of limitation will be tolled "until" authorization is granted. 50 CS 130.
Subsec. (e):
Cited. 221 C. 346.
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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.
(1961, P.A. 559, S. 3.)
Cited. 186 C. 300.
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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.
(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.
Subsec. (a):
Cited. 195 C. 534.
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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.
(1959, P.A. 685, S. 14.)
Cited. 186 C. 300.
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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.
(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.
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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.
(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.
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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.
(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. Cited. 195 C. 534. 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. Cited. 204 C. 259.
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. 211 C. 199.
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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.
(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. 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. Cited. 204 C.
259. Cited. 212 C. 415.
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Sec. 4-165. Immunity of state officers and employees from personal liability.
(a) No state officer or employee shall be personally liable for damage or injury, not
wanton, reckless or malicious, caused in the discharge of his or her duties or within the
scope of his or her 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.
(b) For the purposes of this section, (1) "scope of employment" includes but is not
limited to, (A) 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, (B) 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, (C) the discharge of duties as a trustee of the state employees retirement
system, (D) the discharge of duties of a 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, (E) 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, the advisory
committee appointed pursuant to section 51-81d and the State Bar Examining Committee, and (F) military duty performed by the armed forces of the state while under state
active duty; provided the actions described in subparagraphs (A) to (F), inclusive, of
this subdivision arise out of the discharge of the duties or within the scope of employment
of such officers or employees, and (2) "state employee" includes a member or employee
of the soil and water district boards established pursuant to section 22a-315.
(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; P.A. 04-257,
S. 3; May Sp. Sess. P.A. 04-2, S. 20; P.A. 05-79, S. 1.)
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"; P.A. 04-257 made technical changes,
effective June 14, 2004; May Sp. Sess. P.A. 04-2 added provision re advisory committee appointed pursuant to Sec. 51-81d and made technical changes; P.A. 05-79 divided section into Subsecs. (a) and (b), making technical changes in Subsec.
(a) for the purposes of gender neutrality, and in newly designated Subsec. (b) inserted Subdiv. indicators for each of the
existing activities enumerated in the definition of "scope of employment", and added new provision to said definition,
designated as Subdiv. (F), concerning "military duty performed by the armed forces of the state while under state active
duty", and made technical changes, effective June 2, 2005.
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. Specific language of this statute prevails over
general language of Sec. 31-293a as applied to fellow state employees. 185 C. 616. Cited. 186 C. 300. Cited. 187 C. 53.
Issue of unconstitutionality of statute not resolved at this time because it was not properly before the court. 189 C. 550.
Cited. 209 C. 679. Cited. 210 C. 531. Cited. 229 C. 479. Cited. 234 C. 539. Plaintiffs in their role as foster parents were
"employees" of the state as that term is used in this section. 238 C. 146. Wanton, reckless or malicious actions are of highly
unreasonable conduct, a vast departure from what is viewed as ordinary care and without concern of risk of safety to others
or the disregarding of other's rights. 253 C. 134. Action against police officers for alleged misconduct while they sought
to arrest plaintiff, execute search warrant and conduct search was barred by immunity provision of this section because
such actions were within the scope of the officers' employment and plaintiff did not show that their conduct was wanton,
reckless or malicious. 261 C. 372. Provision of statutory immunity to state employees has twofold purpose: To avoid
placing a burden on state employment and to make clear that remedy available to plaintiff who has suffered harm from
negligence of a state employee acting in the scope of his or her employment must bring a claim under the provisions of
Ch. 53. 265 C. 301. Trial court properly granted motion to strike negligence action for lack of subject matter jurisdiction;
defendant had statutory immunity because she was performing one of her job duties at the time of the collision; Secs. 27-70 and 4-142(2) do not negate the statutory immunity afforded a state employee under this section. 297 C. 317.
Cited. 12 CA 449. Cited. 40 CA 460. Where plaintiff's suit against a state officer was dismissed due to immunity under
this section, the two-year statute of limitations in Sec. 52-584 applies in subsequent suit against state and the exception
under Sec. 52-593 for failure to name the right person as defendant does not apply. 62 CA 545. If defendant has established
a defense of sovereign immunity, it is not necessary to demonstrate compliance with this section. 64 CA 433. Standard in
statute is inapplicable because liability under statute only applies when defendant has not established a defense of sovereign
immunity. 67 CA 613. Defendants cannot avail themselves of immunity under section when they acted intentionally to
underreport plaintiff's qualifications for tenure position at state university. 69 CA 106. Common law sovereign immunity
does not bar claim against state agency where suit is brought under statute against state officers and employees in their
personal capacity. 74 CA 264. Court's denial of motion for summary judgment, as it relates to claim that statutory immunity
is a protection against liability for actions in individual capacity, is an immediately appealable final judgment. 94 CA 103.
In action brought against defendants in their official capacities, trial court improperly granted defendants' motion to dismiss
on the ground of statutory immunity, which applies when claims are brought against state employees acting in their
individual capacities; only immunity defense available to defendants was sovereign immunity. 96 CA 123. Trial court
properly dismissed plaintiff's action against defendants, chief of habeas corpus services, director of special public defenders,
and a special public defender, on the basis of sovereign immunity. 98 CA 333.
Cited. 33 CS 546.
Cited. 4 Conn. Cir. Ct. 119.
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Sec. 4-165a. Transitional provisions. Section 4-165a is repealed, effective October 1, 2002.
(P.A. 75-605, S. 24, 27; S.A. 02-12, S. 1.)
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Sec. 4-165b. Claims against the state by inmates of state correctional and reformatory institutions. 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.
(P.A. 76-136, S. 1, 2, 4; P.A. 93-91, S. 1, 2.; P.A. 02-89, S. 6.)
History: P.A. 93-91 substituted department of children and families for department of children and youth services,
effective July 1, 1993; P.A. 02-89 deleted as obsolete former Subsec. (b) requiring that all matters pending on May 3,
1976, before a committee established pursuant to Sec. 18-95 be construed as pending with the same status with the claims
commissioner on said date, and made a technical change.
Cited. 186 C. 300. Cited. 212 C. 415.
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Sec. 4-165c. Immunity of the state and its officials, employees and agents from
certain actions. No cause of action or liability shall arise against the state, any of its
agencies or subdivisions, or any state official, employee or agent, for failure to comply
with the provisions of section 4-67y, 10-215h, 17b-4a, 17b-112i, 17b-112j, 17b-749l,
17b-790b, 17b-800a or 19a-59g.
(P.A. 10-133, S. 12.)
History: P.A. 10-133 effective June 8, 2010.
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