Sec. 25.02.03.07. Action on Approved Claims  


Latest version.
  • A. An agreement respecting an award, compromise, or settlement of a claim, regardless of amount, is not valid without the approval of the Treasurer.

    B. Payment of an award, compromise, or settlement shall be predicated upon the Treasurer's receipt and approval of a claim settlement agreement or a release of all claims properly executed by the claimant.

    C. If a claimant is represented by an attorney and the claimant's attorney has presented suitable evidence of representation to the Treasurer, a check issued by the Treasurer in payment of an award, compromise, or settlement shall, upon request of the claimant's attorney, designate both the claimant and the attorney as payee and shall be mailed or delivered to the claimant's attorney.

    D. Acceptance by the claimant of any award, compromise, or settlement offered by the Treasurer and intended by the Treasurer to dispose fully of the claim shall:

    (1) Be final and conclusive as to the claimant, the claimant's attorney or legal representative, and any other person on whose behalf or for whose benefit the claim has been presented; and

    (2) Constitute a full and complete release of any claim by reason of the same subject matter against the Treasurer, the State, and any State personnel whose act or omission gave rise to the claim.