Nevada Administrative Code
Chapter 41 - Tort Claims Against the State, Its Agencies and Political Subdivisions
Section 41.130 - Awards for damages in tort actions

Universal Citation: NV Admin Code 41.130

Current through December 12, 2024

If a tort claim filed pursuant to NRS 41.036 against the state, any of its agencies or any of its present or former officers, employees, immune contractors or legislators:

1. Is for an aggregate amount that is less than the maximum allowable award for damages set forth in NRS 41.035, the attorney general shall:

(a) Investigate the claim; and

(b) Based on the best interest of the state, as determined by the attorney general, approve, deny or settle the tort claim.

2. Is for an aggregate amount that is equal to or greater than the maximum allowable award for damages set forth in NRS 41.035, the attorney general shall:

(a) Investigate the tort claim; and

(b) Present the claim to the state board of examiners, with the recommendation of the attorney general as to whether the claim should be approved, denied or settled.

3. The attorney general may, pursuant to Rule 68 of the Nevada Rules of Civil Procedure or Rule 68 of the Federal Rules of Civil Procedure, make an offer of judgment which is not more than the maximum allowable award for damages set forth in NRS 41.035 in any pending litigation.

4. The attorney general may pay any final judgment entered by a state or federal court on a claim against the state, any of its agencies or any of its present or former officers, employees, immune contractors or legislators, regardless of the amount of the final judgment.

Added to NAC by Bd. of Exam'rs by R011-00, eff. 12-22-2000

NRS 41.036, 353.040

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