2006 Code of Virginia § 2.2-514 - Compromise and settlement of disputes

2.2-514. Compromise and settlement of disputes.

A. Except as provided in this section or subsection B of 23-38.33:1, theAttorney General may compromise and settle disputes, claims and controversiesinvolving all interests of the Commonwealth including, but not limited to theVirginia Tort Claims Act ( 8.01-195.1 et seq.), and may discharge any suchclaims, but only after the proposed compromise, settlement or discharge,together with the reasons therefor, have been submitted in writing to theGovernor and approved by him. Where any dispute, claim or controversyinvolves the interests of any department, institution, division, commission,board, authority or bureau of the Commonwealth, the Attorney General maycompromise and settle or discharge the same provided the action is approvedboth by the Governor, as provided in this section, and by the head, or hisdesignee, of the department, institution, division, board, authority orbureau that is interested. However, when any dispute, claim or controversyarises under the Virginia Tort Claims Act ( 8.01-195.1 et seq.) or otherwiseinvolves the interests of any department, institution, division, commission,board, authority or bureau of the Commonwealth, and the amount in disputedoes not exceed $50,000, the Attorney General or an assistant AttorneyGeneral assigned to such department, institution, division, commission,board, authority or bureau, or such other designee of the Attorney General,may compromise and settle or discharge the same provided the action isapproved by the head, or his designee, of the department, institution,division, board or bureau whose interests are in issue. When the dispute,claim or controversy involves a case in which the Commonwealth has a claimfor sums due it as the result of hospital, medical or dental care furnishedby or on behalf of the Commonwealth, the Attorney General or such assistantAttorney General may compromise and settle and discharge the same when theamount in dispute does not exceed $50,000.

B. No settlement under subsection A shall be made subject to aconfidentiality agreement that prohibits the Commonwealth, a state agency,officer or employee from disclosing the amount of such settlement exceptwhere such confidentiality agreement is imposed by a court of competentjurisdiction or otherwise is required by law.

C. No settlement under subsection A shall be made subject to aconfidentiality agreement if such settlement requires that a matter or issueshall be the subject of (i) regulatory action pursuant to Article 2 (2.2-4006 et seq.) of Chapter 40 of this title, or (ii) legislation proposedto be introduced in the General Assembly.

(Code 1950, 2-92; 1956, c. 387; 1966, c. 677, 2.1-127; 1973, c. 219;1979, c. 266; 1986, c. 180; 1989, c. 75; 1995, cc. 359, 384; 2001, cc. 118,844; 2004, c. 729.)


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