2019 Connecticut General Statutes
Title 4 - Management of State Agencies
Chapter 53 - Claims Against the State
Section 4-147 - Notice of claim. Filing fees.
Any person wishing to present a claim against the state shall file with the Office of the Claims Commissioner a notice of claim, in duplicate, containing the following information: (1) The name and address of the claimant; the name and address of his principal, if the claimant is acting in a representative capacity, and the name and address of his attorney, if the claimant is so represented; (2) a concise statement of the basis of the claim, including the date, time, place and circumstances of the act or event complained of; (3) a statement of the amount requested; and (4) a request for permission to sue the state, if such permission is sought. A notice of claim, if sent by mail, shall be deemed to have been filed with the Office of the Claims Commissioner on the date such notice of claim is postmarked. Claims in excess of five thousand dollars shall be accompanied by a check or money order in the sum of fifty dollars payable to the Treasurer, state of Connecticut. Claims for five thousand dollars or less shall be accompanied by a check or money order in the sum of twenty-five dollars payable to the Treasurer, state of Connecticut. Except as provided in section 4-165b, fees may be waived by the Claims Commissioner for good cause but such action by the Claims Commissioner shall not relieve the claimant from the obligation of filing the notice of claim in timely fashion within the statute of limitations under section 4-148. The Office of the Claims Commissioner shall promptly deliver a copy of the notice of claim to the Attorney General. Such notice shall be for informational purposes only and shall not be subject to any formal or technical requirements, except as may be necessary for clarity of presentation and facility of understanding.
(1959, P.A. 685, S. 6; P.A. 75-605, S. 4, 27; P.A. 82-167, S. 3, 7; P.A. 84-43, S. 2; May Sp. Sess. P.A. 92-6, S. 115, 117; Sept. Sp. Sess. P.A. 09-7, S. 29; P.A. 16-127, S. 6.)
History: P.A. 75-605 replaced clerk of commission with clerk of the office of the claims commissioner; P.A. 82-167 added provisions allowing imposition of filing fees of $10 or $25 depending upon the amount of the claim and allowing waiver of fees; P.A. 84-43 added provision that a notice of claim sent by mail is deemed to have been filed on the date it is postmarked; May Sp. Sess. P.A. 92-6 increased claims differential amount from $1,000 to $5,000 and fees from $25 to $50 and $10 to $25; Sept. Sp. Sess. P.A. 09-7 deleted references to clerk of the office, effective October 5, 2009; P.A. 16-127 added provision re fees may be waived except as provided in Sec. 4-165b and made technical changes, effective June 9, 2016.
See Sec. 1-2a re construction of references to “United States mail”, “postmark” or “registered or certified mail”.
Cited. 186 C. 300; 191 C. 1. P.A. 82-167, Sec. 3 of which amended this section, should be read as a clarification of Superior Court's ongoing lack of jurisdiction to hear appeals from Claims Commissioner. 195 C. 534. Cited. 211 C. 199; 212 C. 176; Id., 415; 213 C. 13; 223 C. 52; 239 C. 265; 240 C. 246.
Although claimant is not required to set forth a formal declaration of the particular causes of action he or she seeks to bring against the state, claimant needs to include information that would clarify the nature of the waiver sought and ensure that Claims Commissioner and the General Assembly, which may review the action of Claims Commissioner, have an understanding of the nature of the waiver. 150 CA 237. Subdiv. (2) expressly provides that the claim in the notice need not be particularized, as all that is statutorily required is a concise statement of the basis for the claim. 175 CA 493.
Court held authorization to sue related to amount requested, and plaintiff's suit for more than that amount was abatable. 26 CS 24. Cited. 40 CS 251.
