Indiana Administrative Code
Title 210 - DEPARTMENT OF CORRECTION
Article 1 - GENERAL PROVISIONS
Rule 10 - Offender Tort Claim Process
Section 10-5 - Claim administration
Universal Citation: 210 IN Admin Code 10-5
Current through March 20, 2024
Authority: IC 34-13-3-7
Affected: IC 34-13-3
Sec. 5.
(a) The commissioner of the department shall appoint a staff person within the division of legal services to act as the tort claims administrator for all claims regarding loss of property by offenders. This staff person shall report to the director of the division of legal services.
(b) The duties of the tort claims administrator shall include the following:
(1)
Receiving copies of the NOTICE OF LOSS OF PROPERTY-TORT CLAIM form submitted by
offenders.
(2) Assigning a
sequential case number to each notice received.
(3) Advising the facility tort claims
investigator and the offender as to the case number assigned to the
claim.
(4) Receiving copies of the
RECOMMENDATION ON TORT CLAIM form from the facility tort claims
investigator.
(5) Reviewing all
documents and forms received from the offender and the facility tort claims
investigator.
(6) Requesting
additional information from the facility or the offender, as
necessary.
(7) Making a
recommendation to the office of the attorney general concerning settlement of
the claims, including the following:
(A)
Completing the AMENDMENT TO TORT CLAIM form in cases where the claim appears
appropriate but the amount requested is not correct.
(B) Forwarding the AMENDMENT TO TORT CLAIM
form to the facility tort claims investigator as necessary.
(C) Receiving the completed AMENDMENT TO TORT
CLAIM form from the facility tort claims investigator.
(D) Completing the tort claims administrator
section of the RECOMMENDATION ON TORT CLAIM form.
(8) Submitting all documentation to the
office of the attorney general.
(9)
Maintaining a file on all property loss tort claims filed in the
department.
(10) Serving as the
department liaison with the office of the attorney general for property loss
tort claims.
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