Connecticut General Statutes 4-158 – Decision by Claims Commissioner or temporary deputy. Request for legislative review. Payment of smaller claims. Annual report to General Assembly
(a) The Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy may (1) order that a claim be denied or dismissed, (2) order immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars, (3) recommend to the General Assembly payment of a just claim in an amount exceeding thirty-five thousand dollars, or (4) authorize a claimant to sue the state, as provided in section 4-160.
Terms Used In Connecticut General Statutes 4-158
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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. See Connecticut General Statutes 4-141
- Person: means any individual, firm, partnership, corporation, limited liability company, association or other group, including political subdivisions of the state. See Connecticut General Statutes 4-141
(b) Any person who has filed a claim may request the General Assembly to review a decision of the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy (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 thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) of this section. A person who has filed a claim that has been denied or dismissed by a temporary deputy pursuant to subsection (d) of section 4-160 may request the General Assembly to review such denial or dismissal. 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 or temporary deputy.
(c) The Office of 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 thirty-five thousand 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 Office of the Claims Commissioner shall report to the General Assembly on all claims decided pursuant to this section during the preceding calendar year. Such report shall include, but not be limited to, the following information for the preceding calendar year: (1) The total number of new claims filed; (2) the total number of claims disposed of; (3) the total number of claims that were dismissed; (4) the total number of claims that were denied; (5) a description of each order of immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars, which description shall minimally include, the name of the claimant, the amount paid to the claimant and the reasoning for the payment to the claimant; and (6) the total number of claimants who were authorized to sue the state.