No action subject to the claim filing requirements of RCW 4.92.100 shall be commenced against the state, or against any state officer, employee, or volunteer, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim is presented to the office of risk management in the department of enterprise services. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.

NOTES:

IntentEffective date2002 c 332: See notes following RCW 43.19.760.
IntentEffective date1989 c 419: See notes following RCW 4.92.006.

Terms Used In Washington Code 4.92.110

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of enterprise services. See Washington Code 4.92.006
  • Office of risk management: means the office within the department of enterprise services that carries out the powers and duties under this chapter relating to claim filing, claims administration, and claims payment. See Washington Code 4.92.006