Connecticut General Statutes 4-149 – Representation by the Attorney General
(a) The Attorney General shall review each claim filed 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.
Terms Used In Connecticut General Statutes 4-149
- Claim: means a petition for the payment or refund of money by the state or for permission to sue the state. See Connecticut General Statutes 4-141
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- State agency: includes every department, division, board, office, commission, arm, agency and institution of the state government, whatever its title or function. See Connecticut General Statutes 4-141
(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, containing a concise statement of such representative’s objections. The Office of the Claims Commissioner shall promptly provide a copy of the notice of opposition to the claimant.