Hawaii § 41D-3 - Adjustment of claims against the State.

§ 41D-3. Adjustment of claims against the State.

(a) The attorney general may review any claim. The attorney general may refer claims to the comptroller for informal resolution. (b) All claims against the State that are within the purview of section 41D-8 shall be reviewed in the first instance by the comptroller for informal resolution as provided in this section; provided that: (1) The comptroller may compromise or settle a claim within the purview of section 41D-8 for an amount not exceeding $25,000 and the comptroller may pay the claim without review by the attorney general; and (2) The comptroller may compromise or settle and pay a tort claim not within the purview of section 41D-8 for an amount not exceeding $25,000 without the necessity of court approval. (c) Upon referral by the comptroller, the attorney general, in the attorney general's discretion, shall make determinations of whether a claim would or would not be within the purview of section 41D-8 for purposes of subsection (b). (d) If the tort claim cannot be resolved informally as set forth in subsection (b), the comptroller promptly shall inform the attorney general. (e) All of the efforts of the comptroller or the comptroller's delegate under this section shall be "compromise negotiations" within the meaning of rule 408, Hawaii Rules of Evidence, as set forth in section 626-1. (f) Claims compromised or settled under this section shall be paid from the state risk management revolving fund. [L 1988, c 266, pt of §1; am L 1990, c 117, §1; am L 1997, c 251, §4; am L 2019, c 118, §1] Previous Vol01_Ch0001-0042F Next