Connecticut General Statutes 4-159 – Submission of certain claims to legislature. Review and disposition of claims by legislature
(a) Not later than five days after the convening of each regular session and at such other times as the speaker of the House of Representatives and president pro tempore of the Senate may desire, the Office of the Claims Commissioner shall submit to the General Assembly (1) all claims for which the Claims Commissioner or a magistrate recommended payment of a just claim in an amount exceeding thirty-five thousand dollars pursuant to subdivision (3) of subsection (a) of § 4-158, and (2) all claims for which a request for review has been filed pursuant to subsection (b) of § 4-158, together with a copy of the Claims Commissioner’s, the magistrate’s or the temporary deputy’s findings and the hearing record, if any, of each claim so reported.
Terms Used In Connecticut General Statutes 4-159
- Claim: means a petition for the payment or refund of money by the state or for permission to sue the state. See Connecticut General Statutes 4-141
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Just claim: means a claim which in equity and justice the state should pay, provided the state has caused damage or injury or has received a benefit. See Connecticut General Statutes 4-141
- Person: means any individual, firm, partnership, corporation, limited liability company, association or other group, including political subdivisions of the state. See Connecticut General Statutes 4-141
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(b) The General Assembly shall:
(1) With respect to a decision of the Claims Commissioner ordering the denial or dismissal of a claim pursuant to subdivision (1) of subsection (a) of § 4-158 or a decision of a temporary deputy ordering the denial or dismissal of a claim pursuant to subsection (d) of § 4-160:
(A) Confirm the decision; or
(B) Vacate the decision and, in lieu thereof, (i) order the payment of the claim in a specified amount, or (ii) authorize the claimant to sue the state;
(2) With respect to a decision of the Claims Commissioner ordering the immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) of § 4-158:
(A) Confirm the decision;
(B) Modify the decision by ordering that a different amount be paid; or
(C) Vacate the decision and, in lieu thereof, (i) order no payment be made, or (ii) authorize the claimant to sue the state;
(3) With respect to a decision of the Claims Commissioner recommending payment of a just claim in an amount exceeding thirty-five thousand dollars pursuant to subdivision (3) of subsection (a) of § 4-158:
(A) Accept the recommendation and order payment of the specified amount;
(B) Modify the recommendation by ordering that a different amount be paid; or
(C) Reject the recommendation and, in lieu thereof, (i) order no payment be made, or (ii) authorize the claimant to sue the state; or
(4) With respect to a decision of the Claims Commissioner pursuant to subdivision (1), (2) or (3) of subsection (a) of § 4-158, or a decision of a temporary deputy pursuant to subsection (d) of § 4-160, remand the claim to the Office of the Claims Commissioner for such further proceedings as the General Assembly may direct.
(c) The General Assembly may grant the claimant permission to sue the state under the provisions of this section when the General Assembly deems it just and equitable and believes the claim to present an issue of law or fact under which the state, were it a private person, could be liable.
(d) If the General Assembly orders the payment of a claim, the Office of the Claims Commissioner shall deliver to the Comptroller a notice of the order and the Comptroller shall make payment in the manner prescribed for payment of an order of the Claims Commissioner pursuant to § 4-158.
(e) The review by the General Assembly of claims submitted to it by the Office of the Claims Commissioner under this section shall be conducted in accordance with such procedures as the General Assembly may prescribe.