1. Procedures for State. The State has authority to settle claims filed against it pursuant to sections 8104-A, 8104-B, 8104-C and 8104-D in accordance with the following procedures.
A. Any agency may settle any claim for an amount of $1,500 or less when such settlement is approved by the appropriate department or agency head in accordance with rules adopted by the Commissioner of Administrative and Financial Services. [1991, c. 780, Pt. Y, §114 (AMD).]
B. Any other claim may be settled when such settlement is approved by the head of the department or agency against which the claim is filed, the Commissioner of Administrative and Financial Services and the Attorney General. [1991, c. 780, Pt. Y, §114 (AMD).]
[ 2009, c. 652, Pt. B, §4 (AMD) .]
Terms Used In Maine Revised Statutes Title 14 Sec. 8109
- Governmental entity: means and includes the State and political subdivisions as defined in subsection 3. See Maine Revised Statutes Title 22 Sec. 3174-II
- Political subdivision: means any city, town, plantation, county, administrative entity or instrumentality created pursuant to Title 30-A, chapters 115 and 119, incorporated fire-fighting unit that is organized under Title 13-B and is officially recognized by any authority created by statute, quasi-municipal corporation and special purpose district, including, but not limited to, any water district, sanitary district, hospital district, school district of any type, an airport authority established pursuant to Title 6, chapter 10, any volunteer fire association as defined in Title 30-A, section 3151, a transit district as defined in Title 30-A, section 3501, subsection 1, a regional transportation corporation as defined in Title 30-A, section 3501, subsection 2, a transit district or regional transportation corporation formed under the laws of another state that would qualify as a transit district or regional transportation corporation under Title 30-A, chapter 163 if formed under the laws of this State and any emergency medical service. See Maine Revised Statutes Title 22 Sec. 3174-II
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: means the State of Maine or any office, department, agency, authority, commission, board, institution, hospital or other instrumentality of the State, including the Maine Turnpike Authority, the Maine Port Authority, the Northern New England Passenger Rail Authority, the Maine Community College System, the Maine Veterans' Homes, the Maine Public Employees Retirement System, the Maine Military Authority and all such other state entities. See Maine Revised Statutes Title 22 Sec. 3174-II
2. Procedures for political subdivisions. Any political subdivision may settle claims filed against it pursuant to sections 8104-A, 8104-B, 8104-C and 8104-D in accordance with procedures duly promulgated by its governing body.
[ 2009, c. 652, Pt. B, §5 (AMD) .]
3. Limitations on payment under settlement. When the State or a political subdivision becomes obligated to pay a claim as a result of a settlement, the limitations on payment provided by sections 8105 and 8115 shall apply in the same manner as if the State or political subdivision in question became obligated to pay the funds as a result of a judgment of the court.
[ 1977, c. 2, §2 (NEW) .]
4. Release. The acceptance by a claimant of any settlement under this section shall be final and conclusive on the claimant and shall constitute a complete release of any further claims against the governmental entity and against any employees of the governmental entity whose acts or omissions gave rise to the claim.
[ 1987, c. 740, §7 (NEW) .]
1977, c. 2, §§2,5 (NEW). 1977, c. 78, §§115,116 (AMD). 1977, c. 591, §6 (AMD). 1979, c. 68, §5 (AMD). 1985, c. 81, (AMD). 1985, c. 785, §§A88,89 (AMD). 1987, c. 402, §§A104,A105 (AMD). 1987, c. 740, §7 (AMD). 1991, c. 780, §Y114 (AMD). 2009, c. 652, Pt. B, §§4, 5 (AMD).