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Anyone can file a claim with the
State Claims Board by filling out a Claim
for Injury or Damage form (requires Adobe Reader). The online version of the form may be printed, completed, signed and notarized and sent to the Division of Risk
Management for processing or forms can be obtained by contacting the Division of
Risk Management at (402) 471-2551.
Instructions for completing the form are on the back of page two of the
paper form. Claims must be filed with the Risk Manager in the manner prescribed
by the State Claims Board. See Neb. Rev.
Stat. §81-8,212. The
board requires that a claim be submitted on the form referenced above with a
notarized signature. An attorney is not required to submit or present a claim.
When filing your claim, you may
include evidence of loss, including but not limited to, receipts, damage
estimates, pictures or outdated warrants. In the case of contract claims, the
claimant must include a copy of the contract, an explanation of the breach of
contract, and proof of the damages incurred due to the breach of contract.
The Division of Risk Management
will notify the claimant by regular mail that the claim has been received. A
copy of the claim is sent to the agency/agencies affected for an investigative
report. Information in the agency’s report will be kept confidential prior to
the public hearing, but may be used internally prior to the hearing to reach a
settlement. For Miscellaneous Claims, agencies are requested to file a written
report with the board within 30 days or request additional time. For Tort
Claims, if the board doesn’t act on the claim within 6 months, the claimant may
withdraw the claim and initiate an action in the district court of Lancaster
County.
Claimants are given at least 10
days notice in writing of the time and place of the hearing. Claimants are not
required to attend the hearing to have their claims considered by the State
Claims Board. Claimants are requested to contact the State Claims Board
Secretary if they wish to appear before the board. Represented claims are
scheduled first on the agenda. All claims will be discussed and voted on
immediately after the claim has been presented unless tabled for further
investigation or upon one party’s request.
The claimant will be notified by
regular mail within 10 business days of the action taken by the State Claims
Board.
If the claim is approved, the
funds are available and the claim is under $50,000 for miscellaneous claims, the
claimant will be sent a certification and release to sign. Both the
certification and release must be signed by the claimant prior to payment being
issued.
If the claim is approved, the
funds are not available or the claim is over $50,000 for miscellaneous claims,
the claim must be submitted to the
Business and Labor Committee of the Legislature at the next regular session
of the Legislature. An approved claim which is funded by the Legislature will
be paid by the State Claims Board by July of that legislative year.
If a claimant is dissatisfied
with the decision concerning a miscellaneous claim, the claimant may file an
application for review by the Legislature. The application for review shall be
filed with the State Risk Manager within 60 days after the date of the decision
of the State Claims Board. If a claimant is dissatisfied with the decision
concerning a tort claim, the claimant may file an appeal in district court
within the timeline provided by statute. See Neb. Rev.
Stat. §81-8,227 (1).
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