Connecticut General Statutes/Title 4/Chapter 53/Section 4-147

CGS § 4-147. Notice of claim.

Any person wishing to present a claim against the state shall file with the Office of the Claims Commissioner a notice of claim containing the following information: (1) (A) The name, address, telephone number and electronic mail address, if any, of the claimant; (B) the name, address, telephone number and electronic mail address, if any, of the claimant's principal, if the claimant is acting in a representative capacity, and (C) the name, address, telephone number and electronic mail address, if any, of the claimant's attorney, if the claimant is so represented; (2) a concise statement of the basis of the claim, including the date, time, place and circumstances of the act or event complained of; (3) a statement of the amount requested, which shall minimally indicate whether such amount is not in excess of fifty thousand dollars, or in excess of fifty thousand dollars; and (4) a request for permission to sue the state, if such permission is sought. A claim exclusively setting forth a request for permission to sue the state may be accompanied by supporting evidence, including, but not limited to, transcripts, records, documents, reports, affidavits or memoranda. A notice of claim, if sent by mail, shall be deemed to have been filed with the Office of the Claims Commissioner on the date such notice of claim is postmarked. A notice of claim, if sent electronically, shall be deemed to have been filed with the Office of the Claims Commissioner on the date such notice of claim was electronically transmitted to the Office of the Claims Commissioner. The Office of the Claims Commissioner shall promptly provide a copy of the notice of claim to the Attorney General. Such notice shall be for informational purposes only and shall not be subject to any formal or technical requirements, except as may be necessary for clarity of presentation and facility of understanding. The claimant or the claimant's attorney shall notify the Office of the Claims Commissioner of any change in address, telephone number or electronic mail address.

Short History

(1959, P.A. 685, S. 6; P.A. 75-605, S. 4, 27; P.A. 82-167, S. 3, 7; P.A. 84-43, S. 2; May Sp. Sess. P.A. 92-6, S. 115, 117; Sept. Sp. Sess. P.A. 09-7, S. 29; P.A. 16-127, S. 6; P.A. 21-91, S. 3; P.A. 23-131, S. 11; P.A. 24-44, S. 4.)

Long History

History: P.A. 75-605 replaced clerk of commission with clerk of the office of the claims commissioner; P.A. 82-167 added provisions allowing imposition of filing fees of $10 or $25 depending upon the amount of the claim and allowing waiver of fees; P.A. 84-43 added provision that a notice of claim sent by mail is deemed to have been filed on the date it is postmarked; May Sp. Sess. P.A. 92-6 increased claims differential amount from $1,000 to $5,000 and fees from $25 to $50 and $10 to $25; Sept. Sp. Sess. P.A. 09-7 deleted references to clerk of the office, effective October 5, 2009; P.A. 16-127 added provision re fees may be waived except as provided in Sec. 4-165b and made technical changes, effective June 9, 2016; P.A. 21-91 added provision re supporting evidence of a claim exclusively setting forth a request for permission to sue the state, effective June 28, 2021; P.A. 23-131 amended Subdiv. (3) to add that statement of amount requested shall minimally indicate whether such amount is less than, equal to or more than $35,000, and amended Subdiv. (4) to delete provisions re filing fees and waiver of filing fees and made technical changes, effective July 1, 2023; P.A. 24-44 deleted requirement that notice of claim be filed in duplicate, amended Subdiv. (1) to require that notice of claim contain telephone number and electronic mail address of claimant, claimant's principal and claimant's attorney, and amended Subdiv. (3) by substituting $50,000 for $35,000 re amount requested, added provisions re claim being deemed filed on the date electronically transmitted to the Office and requiring claimant or claimant's attorney to notify Office of change in address, telephone number or electronic mail address, effective July 1, 2024.

Citations

Cited. 186 C. 300; 191 C. 1. P.A. 82-167, Sec. 3 of which amended this section, should be read as a clarification of Superior Court's ongoing lack of jurisdiction to hear appeals from Claims Commissioner. 195 C. 534. Cited. 211 C. 199; 212 C. 176; Id., 415; 213 C. 13; 223 C. 52; 239 C. 265; 240 C. 246.

Although claimant is not required to set forth a formal declaration of the particular causes of action he or she seeks to bring against the state, claimant needs to include information that would clarify the nature of the waiver sought and ensure that Claims Commissioner and the General Assembly, which may review the action of Claims Commissioner, have an understanding of the nature of the waiver. 150 CA 237. Subdiv. (2) expressly provides that the claim in the notice need not be particularized, as all that is statutorily required is a concise statement of the basis for the claim. 175 CA 493. Court did not have subject matter jurisdiction over plaintiff's claims because notice of claim did not apprise Claims Commissioner of intention to sue defendant in an administrative capacity. 212 CA 147.

Court held authorization to sue related to amount requested, and plaintiff's suit for more than that amount was abatable. 26 CS 24. Cited. 40 CS 251.