Title 28, Chapter 5, Section 85
( 28-5-85)
(a) When the total amount of a claim against the state is $5,000.00 or less, and the claim is not of a type excluded from a recommendation for compensation by subsection (a) of Code Section 28-5-104, the Claims Advisory Board shall be authorized to direct the state department or agency affected by the claim to pay the claimant such amount, not exceeding $5,000.00, as may be authorized by the Claims Advisory Board pursuant to the authority of this Code section. (b) If a citizen has a claim against the state subject to the
provisions of this Code section, such person may file such claim
with the Claims Advisory Board. The Claims Advisory Board shall
promulgate rules or regulations governing the submission of claims
pursuant to this Code section. Such rules or regulations shall be
adopted under the provisions of Chapter 13 of Title 50, known as the
"Georgia Administrative Procedure Act." (c) When a claim subject to this Code section is filed with the
Claims Advisory Board, said board shall notify the department or
agency of the state government affected by such claim of the basis
for such claim, and such notice shall include any information
submitted by the claimant in support of such claim. Within 45 days
after receiving such notification, it shall be the duty of such
state department or agency to submit a report to the Claims Advisory
Board setting forth the findings of such state department or agency
relative to such claim. Said report may make a recommendation to
the Claims Advisory Board relative to the payment of such claim, but
such recommendation shall not be binding upon the Claims Advisory
Board. (d) 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 Claims
Advisory Board shall make a determination either to pay or reject
such claim against the state. The Claims Advisory Board shall not
be bound by the total amount claimed against the state and may
authorize the payment of a lesser amount. If the Claims Advisory
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. A copy of such order shall be mailed to the
claimant. 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. The
decision of the Claims Advisory Board shall be final. (e) The Claims Advisory Board shall not authorize or direct the
payment of any part of any claim under this Code section which is
paid or payable by insurance. (f) Any payment made to a claimant pursuant to the authority of this
Code section shall be in full and complete settlement of any claim
against the state arising from the same occurrence, and each
claimant, as a condition precedent to receiving payment pursuant to
this Code section, shall acknowledge and agree to the requirements
of this subsection pursuant to regulations adopted by the Claims
Advisory Board for such purpose. (g)(1) The provisions of this Code section shall apply to any
claim against the state in the amount of $5,000.00 or less if the
date of the occurrence giving rise to such claim was after July 1,
2000. After July 1, 2000, the General Assembly shall not consider
any compensation resolution for a claim against the state if the
amount of the claim is $5,000.00 or less, and the provisions of
this Code section shall be the exclusive method for making such
claims against the state, except as provided in paragraph (2) of
this subsection. (2) If the claim against the state is timely filed with the Claims
Advisory Board after July 1, 2000, for an occurrence which took
place before July 1, 2000, and the amount of the claim is less
than $5,000.00 but more than $500.00, the claimant shall have the
option of seeking a compensation resolution from the General
Assembly. All claims pending on July 1, 2000, or thereafter if
such claim is based on an occurrence which took place before July
1, 2000, for $500.00 or less shall be settled exclusively through
the Claims Advisory Board. (h) The General Assembly waives the immunity of the state for the
purpose of authorizing the payment of claims against the state
pursuant to the authority of this Code section. |