81-8,211 Risk Manager; State Claims Board; authority; procedure; fees. - Nebraska Statutes

81-8,211. Risk Manager; State Claims Board; authority; procedure; fees.Authority is hereby conferred upon the Risk Manager and State Claims Board, acting on behalf of the State of Nebraska, to consider, ascertain, adjust, compromise, settle, determine, and allow any tort claim. Any claimant dissatisfied with a decision of the Risk Manager may make application for review of the decision by the State Claims Board by filing an application for review with the Risk Manager within sixty days after receipt of notice of the Risk Manager's decision. If any tort claim is compromised, settled, or allowed in an amount of more than five thousand dollars, the approval of the State Claims Board is required. If any tort claim is compromised, settled, or allowed in an amount of more than ten thousand dollars, the unanimous approval of all members of the State Claims Board shall be required. If any tort claim is compromised, settled, or allowed in an amount of more than twenty-five thousand dollars, the claim shall also be submitted for approval by the district court for Lancaster County. When approval of the district court is required, the Attorney General shall make application for such approval and shall file with the application a complete record of the action of the State Claims Board on such claim. The claimant may join in such application, and if the claimant does so, the court may proceed to act on the application without further notice to either party. If the claimant does not join in the application, the court shall require actual notice to all parties before acting on the application. The court may deny the application for any legal and sufficient reason or may direct the State Claims Board to conduct further hearings on any material issues. The fees of the clerk of the district court for filing, docketing, and indexing such application shall be five dollars. SourceLaws 1969, c. 756, § 3, p. 2846; Laws 1984, LB 1028, § 1; Laws 1988, LB 864, § 21; Laws 2005, LB 485, § 1; Laws 2008, LB821, § 2.Effective Date: July 18, 2008