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Chapter 115-2 CLAIMS OF OVER $5000.00

Rule 115-2-.01 Applicability

The rules and regulations contained in this Chapter shall be applicable to claims of over $5,000.00 which are otherwise eligible for consideration by the Board under O.C.G.A., Art. 4, Ch. 5, T. 28, as amended.

Rule 115-2-.02 Consideration of Claims by Board

In order for an otherwise eligible claim under this Chapter to be processed by the Board, the following materials must be filed with this Board:

(a) A Notice of Claim, on forms provided by the Board, which may be filed on behalf of the claimant by the member of the House of Representatives who intends to introduce a compensation resolution with respect to such claim; or
(b) a Notice of Possibility of Claim, on forms provided by the Board, which is to be filed by the state department or agency against which a claim is directed; and
(c) all supporting documentation requested by the Board.

Rule 115-2-.03 Notice of Claim Over $5,000.00; Filing

(1) Any member of the House of Representatives may file on behalf of a claimant a Notice of Claim form, which shall be provided by the Board. Each Notice of Claim shall include a sworn description of the incident signed by the claimant.
(2) A Notice of Claim under this Chapter shall be filed:
(a) On or before the 15th day of November immediately preceding the introduction of a compensation resolution in the House of Representatives, if the event giving rise to the claim against the state occurred on or before the 5th day of November;
(b) within 10 days after the occurrence of the event giving rise to the claim, if the event giving rise to the claim against the state occurred subsequent to the 5th day of November immediately preceding the introduction of the compensation resolution.
(c) within two years after the date of event giving rise to the claim.

Rule 115-2-.04 Acknowledgement of Receipt of Notice of Claim

The Board shall acknowledge receipt of the Notice of Claim to the claimant and the representative and shall send each a list of required supporting documents.

Rule 115-2-.05 Supporting Documentation

The Board shall not take action on a claim until all supporting documents requested by the Board have been received and filed with the Board. The following supporting documents, where applicable, shall be filed by the claimant or on his/her behalf:

(a) copy of accident/incident report signed by investigating officers-State Patrol, County Police, City Police, Campus Police, Security Officer, etc.;
(b) claimant's affidavit concerning receipt of compensation from insurers or third parties on form provided by Board;
(c) if any insurance has been paid or is payable, a waiver of claim form executed by the insurer;
(d) receipted itemized repair bill, or two estimates of repair;
(e) physician's statement as to nature, cause and extent of injury or illness;
(f) sworn itemized list of all medical bills (physicians, hospital, drugs, etc.), with bills or copies of bills attached;
(g) sworn affidavit as to the value of property on which total loss is alleged;
(h) if property is a total loss and has been sold for salvage or will be sold for salvage, a sworn affidavit from dealer indicating the salvage value of the property or evidence showing the exact amount received for salvage;
(i) such other supporting evidence claimant may wish to provide, in affidavit form;
(j) such other supporting data or documentation as the Board may request in writing for proper evaluation of a particular claim.

Rule 115-2-.06 Filing of Notice of Possibility of Claim by Department or Agency

(1) It shall be the duty of each state department and agency to file with the Claims Advisory Board a Notice of Possibility of Claim covering any occurrence which would be the subject of a Notice of Claim as provided in Code Section 28-5-80. Such Notice of Possibility of Claim shall be filed on forms provided by the Board and furnished to each state department and agency upon request.
(2) It shall be the duty of each state department and agency to file a Notice of Possibility of Claim within 30 days after the date of any such occurrence.
(3) If filed within the same time limitations relative to the filing of Notices of Claims over $5,000.00, as provided in Code Section 28-5-80 and Code Section 28-5-86, a Notice of Possibility of Claim shall be sufficient for action to be taken thereon; and the fact that no Notice of Claim has been filed within the time provided shall not prevent the introduction of a resolution and action thereon. In such an event, provided that the claimant has secured a member of the House of Representatives to sponsor a resolution on his/her behalf and the Board receives notice of such sponsorship, the Board shall forward a list of required supporting documents to the claimant and to such Representative, or to the office of legislative counsel, at the request of such Representative.

Rule 115-2-.07 Compliance With Time Limitations and Filing of Supporting Documents Required Prior to Consideration

The Board is prohibited from considering any resolution for compensation unless a Notice of Claim or Notice of Possibility of Claim is filed within the time provided for in Code Section 28-5-80, unless the resolution is introduced and the information required by the Board is filed within the time limitations specified in Code Section 28-5-80.

Rule 115-2-.08 Claimant's Responsibility for Drafting and Introduction of Compensation Resolution

It shall be the responsibility of the claimant under this Chapter to contact a member of the House of Representatives and request that such Representative cause to be drafted and sponsor a resolution for compensation on behalf of the claimant. The Board may not make a recommendation on any claim under this Chapter unless a compensation resolution has been introduced in the House of Representatives on behalf of the claimant.

Rule 115-2-.09 Meetings

(1) Upon receipt of a certified copy of the compensation resolution from the Clerk of the House of Representatives, and provided that all supporting documentation has been submitted, the resolution and claim shall be placed on the agenda for review at the next scheduled meeting of the Board.
(2) Notice of such meeting shall be sent to the members of the Board, the state Representative who is sponsoring the resolution, the representative of the department against which the claim has been made, the claimant (if the claimant has requested notification) and the attorney for the claimant (if the claimant is represented by counsel).
(3) Neither the claimant, the claimant's attorney, the state Representative who introduced the resolution on the claimant's behalf or the representative of the department against which the claim has been made shall be required to appear before the Board, but they shall be allowed to appear before the Board relative to the claim, if they so desire. Such appearance shall be deemed to be a hearing for purposes of O.C.G.A., Section 28-5-82, but shall not be governed by the provisions of the Georgia Administrative Procedure Act applicable to contested cases. Persons in the custody of the State can appear in person only at the discretion of the Board.

Rule 115-2-.10 Recommendation of Board

(1) After investigation of the claim by the Board and consideration there of at a regularly scheduled meeting or hearing, the Board shall prepare a statement including its findings, its determination of the merits of the claim, its recommendation as to the payment thereof, and such other information as the Board deems advisable. Such statement shall be immediately transmitted to the chairman of the House Appropriations Committee, who shall present the same to the full committee.
(2) If the claimant is a state employee and the claim arises out of the performance of the claimant's duties, the Board, in its discretion, will recommend payment only for items that are shown by the claimant to be either required or deemed by the Board to be reasonably necessary for the performance of the claimant's duties and not used merely for convenience or esthetic value.
(3) The Board, in its discretion, will not recommend payment of any part of any claim which arises as a result of:
(a) The commission of an illegal act by the claimant; or

The violation by the claimant of an internal disciplinary rule or regulation promulgated by the department or agency against which the claim is filed, including, but not limited to:

1. rules relating to the prevention of violence or abuse or threats of violence or abuse against another person;
2. rules pertaining to safety, security and orderly operation;
3. rules relating to possession, manufacture or introduction of contraband;
4. rules relating to possession or acquisition of property by fraud or deception.
(4) The recommendations of the Board under this Chapter shall be advisory in nature only and shall not be binding on the House of Representatives, the Senate, or any committee of either.
(5) The Board shall make no recommendations after the fifteenth (15th) day of any regular session of the General Assembly.
(6) The Board shall make no recommendation regarding any claim which is the subject of pending litigation.
(7) The Board shall not approve any claim for, or on behalf of, any person who is or was at the time of the alleged loss an inmate in the custody of the Department of Corrections.
(8) The Representative introducing the resolution shall be notified of the action taken by the Board on the claim and the recommendation made by the Board to the Appropriations committee. In the event the Representative is dissatisfied with the recommendation of the Board and has not previously appeared at the hearing, he shall be entitled to have the Board set a hearing by so requesting of the chairman in writing.

Rule 115-2-.11 Claims Paid or Payable by Insurance

The Board shall make no recommendation for payment of any part of any claim under this Chapter which is paid or payable by insurance, nor shall the Board recommend payment on any compensation resolution introduced on behalf of the insurer of the aggrieved party.