New Hampshire Code of Administrative Rules
Cla - Board of Claims
Chapter Cla 300 - CLAIMS
Part Cla 302 - MAKING CLAIMS, RESPONDING TO CLAIMS AND THE PROCESSING OF CLAIMS
Section Cla 302.01 - Scope
Universal Citation: NH Admin Rules Cla 302.01
Current through Register No. 12, March 21, 2024
(a) This chapter shall apply to monetary claims which:
(1) Are of the following types:
a.Claims not exceeding $50,000, with the
exception of :
1.The following types of claims
without reference to the sum claimed:
(i)
Workers' compensation claims;
(ii)
Unemployment compensation claims; and
(iii) Claims in eminent domain
proceedings;
2.Claims
against the department of corrections for less than $500; and
3.Claims against New Hampshire hospital for
less than $500;
b.Claims
described in RSA 541-B:21 arising out of incidents occurring
after July 1, 1988 in clinical services provided to the department of health
and human services; and
c.Claims
described in RSA 541-B:21-a arising out of incidents occurring
after June 21, 2000 in clinical services provided to the department of
corrections;
(2) Are
brought within 3 years of the date of the alleged:
a.Bodily injury;
b.Personal injury;
c.Property damage; or
d.Wrongful death resulting from bodily
injury; and
(3) Are not
subject to the following exceptions set forth in
RSA 541-B:19:
a.Claims based upon the exercise of a
legislative or judicial function;
b.Claims based upon an act or omission of a
state officer, employee or official when such officer, employee or official is
exercising due care in the execution of any statute or administrative
rule;
c.Claims based upon the
exercise or performance or the failure to exercise or perform a discretionary
executive or planning function or duty on the part of:
1.The state;
2.Any state agency; or
3.A state officer, employee or official
acting within the scope of his or her office or employment; and
d.Claims arising out of an
intentional tort, including assault, battery, false imprisonment, false arrest,
intentional mental distress, malicious prosecution, malicious abuse of process,
libel, slander, misrepresentation, deceit, invasion of privacy, interference
with advantageous relations, or interference with contractual relations,
provided that:
1.The employee whose conduct
gives rise to the claim reasonably believed at the time of the acts or
omissions complained of, that the employee's conduct was lawful; and
2.The acts complained of were within the
scope of official duties of the employee.
(b) The claims of a claimant's insurer for reimbursement of the sum paid to a claimant and of the claimant for the related deductible sum shall be separate claims.
#8511, eff 12-09-05
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