Ga. Comp. R. & Regs. R. 115-3-.07 - Decision of Board

(1) After reviewing and considering all information submitted by a claimant in support of the claim against the state and the report of the state department or agency affected by such claim, the Board shall make a determination either to pay or reject such claim against the state.

(2) If the claimant is a state employee and the claim arises out of the performance of the claimant's duties, the Board, in its discretion, will authorize payment only for items that are shown by the claimant to be either required or deemed by the Board to be reasonably necessary for the performance of claimant's duties and not used merely for convenience or esthetic value.

(3) The Board, in its discretion, will not authorize payment of any part of any claim which arises as a result of:

(a) the commission of an illegal act by the claimant; or

(b) the violation by the claimant of an internal disciplinary rule or regulation promulgated by the department or agency against which the claim is filed, including, but not limited to:

1. rules pertaining to the prevention of violence or abuse or threats of violence or abuse against another person;

2. rules pertaining to safety, security and orderly operation;

3. rules relating to possession, manufacture or introduction of contraband;

4. rules relating to possession or acquisition of property by fraud or deception.

(4) The Board shall make no recommendation regarding any claim which is the subject of pending litigation.

(5) The Board shall not be bound by the total amount claimed against the state and may authorize the payment of a lesser amount.

(6) The Board shall not approve any claim for, or on behalf of, any person who is or was at the time of the alleged loss an inmate in the custody of the Department of Corrections.

(7) If the Board determines that the claim against the state is justified and that the amount of such claim, or a portion thereof, should be paid, it shall issue its order to the chief executive or administrative officer of the state department or agency affected by such claim ordering such officer, within 30 days after receipt of such order, to pay the claimant the amount specified by the Claims Advisory Board in its order contingent upon the claimant's execution of the appropriate "Settlement Agreement, Covenent Not to Sue and Release" form. A copy of such order shall be mailed to the claimant.

(8) If the Claims Advisory Board determines that the claim against the state should be rejected, it shall notify the claimant of such rejection, and such notice shall explain the reasons for such rejection. A copy of such notice to the claimant shall be sent to the state department or agency affected by the claim.

(9) The decision of the Claims Advisory Board shall be final.

Notes

Ga. Comp. R. & Regs. R. 115-3-.07

O.C.G.A. Secs. 28-5-81, 28-5-85.

Original Rule entitled "Decision of Board" adopted. Filed March 24, 1983; effective April 13, 1983. Amended: Filed July 30, 1984; effective August 19, 1984. Amended: Filed August 22, 1986; effective September 11, 1986. Amended: F. Sept. 14, 1989; eff. Oct. 4, 1989. Amended: F. July 28, 2000; eff. August 17, 2000.