Alabama Administrative Code Chapter 450-11-1 — Administrative Procedures

450 Alabama Department of Transportation (Formerly Alabama Highway Department)

Ala. Admin. Code r. 450-11-1-.01 Purpose Of Chapter

The purpose of this chapter is to establish procedures and minimum standards to govern the filing of claims against the Alabama Department of Transportation (Department) for compensation for injury to a person or property or to pay an unpaid vendor invoice.

History

• Authority: Code of Ala. 1975, §§
• New Rule: Filed January 5, 2018; effective February 19, 2018.

Ala. Admin. Code r. 450-11-1-.02 Filing A Claim Pursuant Alabama Code Section 23-1-40(i)

(1) Claims for compensation for injury to a person or property or to pay an unpaid vendor invoice against the Department in an amount of $5,000.00 or less shall be filed with the designee of the Director of the Department, who is the Deputy Director, Administration (the Designee). Claims shall be filed with the Designee at 1409 Coliseum Boulevard, Montgomery, AL 36110 or by e-mail at claims@dot.state.al.us.

(2) A claim filed pursuant the paragraph (1) will be filed using the claim form approved by the Department and will be available at Department District offices and on the Department’s website. The form shall contain the claimant’s name, mailing address, telephone and cell phone numbers, and e-mail address. In cases involving claims for injury to a person or property, the claimant shall provide a description of the accident, damages and basis of the claim for which the claimant seeks compensation along with any documentation that the claimant wishes to be considered regarding to support the claim. In cases involving compensation for unpaid vendor invoices, the vendor should provide a description and justification of the claim and a copy of the unpaid invoice along with any other documentation that the vendor wishes to be considered regarding to support the claim.

(3) Claims in an amount of $5,000.00 or less that are filed with the Designee in compliance with paragraphs (1) and (2) of this section shall toll the statute of limitations set forth in Code of Ala. 1975, Section 41-9-65. Claims in an amount of $5,000.00 or less that are filed initially by the claimant with the Board of Adjustment will be treated by the Department for purposes of satisfying the applicable statute of limitations as having been filed on the date the claim was filed with the Board of Adjustment.

(4) Claims against the Department for compensation for injury to a person or property or to pay an unpaid vendor invoice in an amount more than $5,000.00 shall be filed with the Alabama Board of Adjustment pursuant to the applicable statutory and administrative rules governing such claims. In the event, such a claim is filed with the Department in error, it will be forwarded to the Board of Adjustment.

History

• Author: William F. Patty, Chief Counsel
• Authority: Code of Ala. 1975, §
• New Rule: Filed January 5, 2018; effective February 19, 2018.

Ala. Admin. Code r. 450-11-1-.03 Process For Claims Of $5,000.00 Or Less

(1) The Designee may provide compensation for claims in the amount of $5,000.00 or less if the Designee determines that based upon principles of justice and good morals the claim should be paid.

(2) In the event, the Designee approves the claim for payment, the Department will notify the claimant of the decision and submit the claim for payment to the Comptroller who shall issue and forward payment to the Department in thirty (30) days of receipt by the Comptroller.

(3) If the Designee denies payment of the claim, the Department will notify the claimant and forward the contested claim to the Board of Adjustment.

History

• Author: William F. Patty, Chief Counsel
• Authority: Code of Ala. 1975, §
• New Rule: Filed January 5, 2018; effective February 19, 2018.