AR 3810 - Administrative Regulations - General Institution

AR 3810 Claims & Actions Against the District

 

Reference:  Government Code 900 et. seq.

 

Third party claims for damages against the district shall be presented within six months of an injury to person or personal property, giving rise to the cause of action. The district will make a district form available to any injured party wishing to file a claim within the prescribed time. A claim filed on the claimant’s own form shall contain substantially all information requested on the district’s form (date, time, nature of claim, etc.)

Claims for damages against the district shall be submitted to the district’s Risk Management Office.  Upon receipt, the Risk Manager shall refer the claim to the district’s liability claims administrator for review.  Within 45 days of receipt, and following the review and recommendation of the district’s claims administrator, the Board of Trustees shall take action to accept, reject, or deny the claim.

Pursuant to the authority contained in Section 935 of the Government Code for the State, the following claims procedures are established for those claims against the district for money or damages not now governed by State or local laws.

Employee claims.

Notwithstanding the exceptions contained in Section 905 of the Government Code of the State, all claims by public officers or employees for fees, salaries, wages, mileage and any other expenses or allowances claimed due from the district, when a procedure for processing such claims is not otherwise provided by the State or local laws, shall be presented within the time limitations and in the manner prescribed the Sections 910 through 915.2 of the Government Code of the State. Such claims shall further be subject to the provisions of Section 945.4 of the Government Code of the State relating to the prohibition of suits in the absence of the presentation of claims and actions thereon by the district.

Contract and other claims.

In addition to the requirements of subsection (1) of this section, and notwithstanding the exemptions set forth in Section 905 of the Government Code of the State, all claims against the district for damages or money, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2 of the Government Code of the State. Such claims shall further be subject to the provisions of Section 945.4 of the Government Code of the State related to the prohibition of suits in the absence of the presentation of claims and action thereon by the district.

 

Responsible Manager:  Risk Manager

Revised April 27, 2009