Risk manager's authority to settle a claim -- Additional approvals required.
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(1) The risk manager may compromise and settle any claim for which the risk management fund may be liable:
(a) on the risk manager's own authority, if the settlement amount is $100,000 or less;
(b) upon the approval of the attorney general, or the attorney general's representative, and the executive director, if the settlement amount is more than $100,000 but not more than $250,000;
(c) upon the governor's approval, if the settlement amount is more than $250,000 but not more than $500,000;
(d) upon the Legislative Management Committee's approval, if the settlement amount is more than $500,000 but not more than $1,000,000; and
(e) upon the Legislature's approval, if the settlement amount is more than $1,000,000.
(2)
(a) The risk manager shall:
(i) as soon as reasonably possible after negotiations begin, notify legislative general counsel of negotiations that the risk manager reasonably believes to have the potential to lead to a settlement requiring approval under Subsection (1)(d) or (e); and
(ii) continue to keep legislative general counsel informed of material developments in the negotiation process.
(b) The information that the risk manager shall provide to legislative general counsel under Subsection (2)(a) includes:
(i) the nature of the claim that is the subject of the settlement negotiations;
(ii) the known facts that support the claim and the known facts that controvert the claim; and
(iii) the risk manager's assessment of the potential liability under the claim.
(c) A document, paper, electronic data, communication, or other material that the risk manager provides to legislative general counsel in the discharge of the risk manager's responsibility under Subsection (2) may not be considered to be a record, as defined in Section 63G-2-103.
(d) Information provided by the risk manager to legislative general counsel under Subsection (2)(a) and a communication between the risk manager and legislative general counsel under Subsection (2)(a) shall be considered to be evidence that is subject to Rule 408 of the Utah Rules of Evidence to the fullest extent possible.
(e) Subsections (2)(c) and (d) apply regardless of whether:
(i) the risk manager acts personally under this section or through counsel or another individual acting under the risk manager's direction; or
(ii) other individuals under the direction of legislative general counsel are involved in the process described in this section.