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§ 12-107. Claims

West's Annotated Code of MarylandState Government

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 12. Immunity and Liability (Refs & Annos)
Subtitle 1. Maryland Tort Claims Act (Refs & Annos)
MD Code, State Government, § 12-107
§ 12-107. Claims
Form
(a) A claim under this subtitle shall:
(1) contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort;
(2) demand specific damages;
(3) state the name and address of each party;
(4) state the name, address, and telephone number of counsel for the claimant, if any; and
(5) be signed by the claimant, or the legal representative or counsel for the claimant.
Consideration
(b) The Treasurer may:
(1) consider a claim for money damages under this subtitle or delegate wholly or partly this responsibility to other State personnel; and
(2) contract for any support services that are needed to carry out this responsibility properly.
Settlement
(c)(1) In this section, “structured settlement” means a plan for the payment of a settlement or judgment to a claimant for damages in periodic installments.
(2) Unless a contract with a private insurer provides otherwise, the Treasurer or designee may compromise and settle a claim for money damages after the Treasurer or designee consults with the Attorney General.
(3) The State may enter into a structured settlement to the extent permitted in § 12-104(a)(2) of this subtitle.
(4) If a structured settlement is entered into, the State and the claimant shall select the investment company by mutual agreement.
(5) The acceptance of a settlement by a claimant is, as to that claimant:
(i) final; and
(ii) a complete release of each claim arising from the same cause of action against:
1. the State;
2. each of its units; and
3. all State personnel.
Final denial
(d) A claim under this subtitle is denied finally:
(1) if, by certified mail, return receipt requested, under a postmark of the United States Postal Service, the Treasurer or designee sends the claimant, or the legal representative or counsel for the claimant written notice of denial; or
(2) if the Treasurer or designee fails to give notice of a final decision within 6 months after the filing of the claim.

Credits

Added as State Government § 12-106 by Acts 1984, c. 284, § 1, eff. Oct. 1, 1984. Amended by Acts 1984, c. 268, § 1, eff. Oct. 1, 1984. Renumbered as State Government § 12-107 by Acts 1985, c. 538, § 2, eff. July 1, 1985. Amended by Acts 1985, c. 538, § 2, eff. July 1, 1985; Acts 1986, c. 396, § 1, eff. July 1, 1986; Acts 1994, c. 565, § 1, eff. Oct. 1, 1994; Acts 1996, c. 446, § 1, eff. Oct. 1, 1996; Acts 2005, c. 174, § 1, eff. July 1, 2005.
MD Code, State Government, § 12-107, MD STATE GOVT § 12-107
Current through legislation effective through April 21, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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