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The mission of Risk Management and the State Claims Board
is to protect the assets of the State of Nebraska against any single large loss
or accumulation of losses that could significantly affect the operations of
State government.
The State Claims Board was established in 1969 with the
passage of the State Tort Claims Act. The Act became a part of Risk Management
in 1981 with the passage of LB273, which created a centralized risk management
program. The State Claims Board has the authority to consider, ascertain,
adjust, compromise, settle, determine and allow any
tort,
miscellaneous or
contract claim (Claim
for Injury or Damage form).
The intent and purpose of the State Tort Claims Act is “to
provide uniform procedures for the bringing of tort claims against the state or
an employee of the state.” The procedures outlined in the State Tort Claims Act
“shall be used to the exclusion of all others” to settle claims of this nature.
See. Neb. Rev.
Stat. §81-8,209.
The State Claims Board is comprised of the
Director of Insurance, the
Director of Administrative Services, and the
Commissioner of Labor.
A member of the Attorney General’s Office
acts as its legal advisor. With the advice and consent of the other members of
the board, the Director of Administrative Services shall hire a secretary for
the board.
Once a claim has been filed with the Risk Manager and a
recommendation has been made by the affected agency/agencies, the claim is
placed on the docket for the next State Claims Board hearing. The State Claims
Board generally conducts a hearing every two months.
At the hearings, the State Claims Board members determine
the disposition of each claim. They may choose to approve, adjust, deny or
table a claim for further investigation. The State Claims Board hearings are
open to the public pursuant to the public meetings law. See Neb. Rev.
Stat. §81-1407 et seq.
If you have questions about the State Claims Board you may
contact Fran Redwine at 402-471-2551.
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