Neb. Admin. Code tit. 13 — State Claims Board

Chapter 1 Reviewal of Claims

Neb. Admin. Code tit. 13, ch. 1 Reviewal of Claims {#sec-13-nac-1 omnilex-key=us-ne-regs-official--title-13--13 NAC 1}

001. DEFINITIONS .

001.01 BOARD. Means the State Claims Board.

001.02 RISK MANAGER. Means Risk Manager of the State of Nebraska.

001.03 ATTORNEY GENERAL. Means the Attorney General or his or her designee.

002. MEETING OF THE BOARD . The Board will have no fixed meeting date, but is subject to the call by the Chairman, the Risk Manager, or a majority of the Board, at a time and place designated by the one making said call.

003. QUORUM . A majority of the membership of the Board will constitute a quorum for the transaction of all business.

004. DESIGNATION BY NUMBER . The Risk Management Office is to assign a number to each claim.

005. CONTENTS OF CLAIM . Claims are to be completed per the Risk Management Standard Operating Procedures guides located on the State Risk Management website.

006. NOTICE . The Risk Manager will notify the claimant of the time, date, and place of hearing by U.S. mail, not less than ten days before the Board meeting. Upon good cause shown, the Board may reschedule any hearing and the Risk Manager is to cause notice of such rescheduling to be mailed to the claimant.

007. VENUE . Hearings will be conducted in Lancaster County at the place designated by the Board.

008. RELEASE . The Risk Manager is to transmit, with notification of the determination, a release of the claim in consideration of the amount of the award fixed by the Board. The release will be on a form approved by the Board.

009. BOARD MEETING PROCEDURE .

009.01 The Board will regulate the conduct of the hearing and of the parties and maintain order.

009.02 The claimant has the right to be represented by counsel. Only claimants or their designated counsel may speak at a hearing.

010. ACCEPTANCE . Return of the release properly executed by the claimant constitutes acceptance of the award in full settlement of the claim. In the event the claim is of two or more persons, each will separately execute the release; however, their attorney of record may by his execution on their behalf make a binding release for all of the claimants.

History

• Effective 2022-03-21