Payment of Small Claims by Board

  1. Law
  2. Georgia Code
  3. General Assembly
  4. Financial Affairs
  5. Claims Advisory Board
  6. Claims Against State or Departments or Agencies
  7. Payment of Small Claims by Board

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  1. 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.
  2. 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."
  3. 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.
  4. 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.
  5. 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.
  6. 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.
    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.
  8. 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.

(Code 1981, §28-5-85, enacted by Ga. L. 1982, p. 930, § 1; Ga. L. 1984, p. 608, § 1; Ga. L. 1993, p. 91, § 28; Ga. L. 1999, p. 798, § 1; Ga. L. 2000, p. 1243, § 3.)

Code Commission notes.

- Ga. L. 2000, p. 1243, § 3, amended this Code section and in so doing omitted without expressly repealing language added to subsection (a) of this Code section by Ga. L. 1999, p. 798, § 1. The two amendments were not irreconcilably conflicting and, in accordance with Reeves v. Gay, 92 Ga. 309 (1893), the amendment to this Code section made by Ga. L. 1999, p. 798, § 1, was treated as not having been repealed by Ga. L. 2000, p. 1243, § 3.

Pursuant to Code Section 28-9-5, in 2000, in paragraph (g)(2), "July 1, 2000," was substituted for "the effective date of this Code section".

JUDICIAL DECISIONS

Waiver of immunity.

- In a personal injury suit filed by a patron of the Department of Motor Vehicle Safety office, the appeals court disagreed that the state was estopped from claiming sovereign immunity, and that such immunity was waived to the extent of $5,000 by O.C.G.A. § 28-5-85(h), as that section only waived immunity regarding claims before the claims advisory board, and the patron's claim there was denied by the trial court; further, the government may not waive or be estopped from invoking statutory notice requirements. State of Ga. v. Haynes, 285 Ga. App. 637, 647 S.E.2d 331 (2007).

Cited in Wright v. Newsome, 795 F.2d 964 (11th Cir. 1986).

OPINIONS OF THE ATTORNEY GENERAL

Compensation to injured inmates.

- Pursuant to the 1999 amendments, O.C.G.A. §§ 28-5-86 and28-5-104 prohibit the Claims Advisory Board from recommending compensation to an inmate injured while in the custody of the Department of Corrections. 1999 Op. Att'y Gen. No. 99-11.

RESEARCH REFERENCES

ALR.

- Liability of state, in issuing automobile certificate of title, for failure to discover title defect, 28 A.L.R.4th 184.


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