(a) The attorney general may review any claim. The attorney general may refer claims to the comptroller for informal resolution.

Terms Used In Hawaii Revised Statutes 41D-3

  • Attorney general: means the attorney general of the State. See Hawaii Revised Statutes 41D-1
  • Comptroller: means the comptroller of the State as designated in § 26-6. See Hawaii Revised Statutes 41D-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Informal resolution: means the process of investigating a claim and negotiating the resolution of the claim. See Hawaii Revised Statutes 41D-1
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Tort claim: means any written request or demand for damages against the State within the meaning of chapter 662, and includes a "complaint" within the meaning of Rule 7(a) of the Hawaii Rules of Civil Procedure, of the District Court Rules of Civil Procedure and of the Federal Rules of Civil Procedure, if the complaint is for damages against the State within the meaning of chapter 662. See Hawaii Revised Statutes 41D-1
(b) All claims against the State that are within the purview of § 41D-8 shall be reviewed in the first instance by the comptroller for informal resolution as provided in this section; provided that:

(1) The comptroller may compromise or settle a claim within the purview of § 41D-8 for an amount not exceeding $25,000 and the comptroller may pay the claim without review by the attorney general; and
(2) The comptroller may compromise or settle and pay a tort claim not within the purview of § 41D-8 for an amount not exceeding $25,000 without the necessity of court approval.
(c) Upon referral by the comptroller, the attorney general, in the attorney general’s discretion, shall make determinations of whether a claim would or would not be within the purview of § 41D-8 for purposes of subsection (b).
(d) If the tort claim cannot be resolved informally as set forth in subsection (b), the comptroller promptly shall inform the attorney general.
(e) All of the efforts of the comptroller or the comptroller’s delegate under this section shall be “compromise negotiations” within the meaning of rule 408, Hawaii Rules of Evidence, as set forth in § 626-1.
(f) Claims compromised or settled under this section shall be paid from the state risk management revolving fund.

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