(a) There shall be an Office of the Claims Commissioner which shall hear and determine all claims against the state except: (1) Claims for the periodic payment of disability, pension, retirement or other employment benefits; (2) claims upon which suit otherwise is authorized by law including suits to recover similar relief arising from the same set of facts; (3) claims for which an administrative hearing procedure otherwise is established by law; (4) requests by political subdivisions of the state for the payment of grants in lieu of taxes; and (5) claims for the refund of taxes.
(b) The Office of the Claims Commissioner shall consist of the Claims Commissioner, and, within available appropriations, the Deputy Claims Commissioner, not more than six special deputies and such administrative staff as may be provided by the Department of Administrative Services. The Claims Commissioner, the Deputy Claims Commissioner, or a special deputy assigned to assist the Claims Commissioner pursuant to section 4-142b shall hear and determine all claims against the state, except as otherwise provided in subsection (a) of this section. Such claims shall be heard and determined in accordance with the rules prescribed by the Claims Commissioner pursuant to section 4-157, except as may be provided in section 4-160.
(1959, P.A. 685, S. 2; P.A. 75-605, S. 1, 27; P.A. 96-85; P.A. 16-127, S. 3; P.A. 21-91, S. 1; P.A. 23-131, S. 1; P.A. 24-44, S. 1.)
History: P.A. 75-605 replaced commission on claims with claims commissioner; P.A. 96-85 amended Subdiv. (2) to include suits to recover similar relief arising from the same set of facts; P.A. 16-127 designated existing provisions re Claims Commissioner as Subsec. (a) and amended same by substituting “an Office of the Claims Commissioner which” for “a Claims Commissioner who” and added Subsec. (b) re provision of administrative staff by Department of Administrative Services and re Claims Commissioner or magistrate to hear and determine claims, effective June 9, 2016; P.A. 21-91 amended Subsec. (b) by adding references to temporary deputies and adding “, except as may be provided in section 4-160”, effective June 28, 2021; P.A. 23-131 amended Subsec. (b) by adding that office consists of, “within available appropriations, the Deputy Claims Commissioner” and “not more than” 6 temporary deputies and by removing reference to “magistrate”, effective July 1, 2023; P.A. 24-44 substituted “special deputies” and “special deputy” for “temporary deputies” and “temporary deputy” in Subsec. (b), effective July 1, 2024.
See Sec. 3-70a(b) re duties with respect to claims for abandoned property.
Cited. 186 C. 300; 189 C. 550; 191 C. 222; 192 C. 98; 195 C. 534; 204 C. 17; 207 C. 59; 213 C. 548; 239 C. 265; 240 C. 246. Exception carved out in section inapplicable to claims under Sec. 53-39a. 263 C. 74.
Cited. 12 CA 449; 17 CA 130; 20 CA 676; 41 CA 61.
Cited. 26 CS 24.
Notes of Decisions
Cited in
57
cases (
13 in the last 5 years), 1965–2026 · leading case:
Chotkowski v. State, 690 A.2d 368 (Conn. 1997).
Chotkowski v. State, 690 A.2d 368 (Conn. 1997).
· cites it 26× “91-8 is constitutional, the trial court lacked jurisdiction over the plaintiffs action because the claim that he filed with the claims commissioner was barred by both General Statutes § 4-142 [15] and General Statutes § 4-148 (c).”
Lyon v. Jones, 968 A.2d 416 (Conn. 2009).
· cites it 9× “(2) claims upon which suit otherwise is authorized by law including suits to recover similar relief arising from the same set of facts; (3) claims for which an administrative hearing proce *402 dure otherwise is established by law .”
Gold v. Rowland, 994 A.2d 106 (Conn. 2010).
· cites it 8× “as a whole under Blue Cross' premerger bylaws; (2) the property held by the state is not identical to the property to which the plaintiff claims an entitlement; (3) the state's passive receipt of property under a claim of right cannot constitute an unconstitutional taking; and…”
Martinez v. Dep't of Pub. Saf., 818 A.2d 758 (Conn. 2003).
· cites it 8× “Moreover, General Statutes § 4-142 establishes that all claims against the state must be filed with the claims commissioner unless specifically excepted.”
Martin v. Brady, 780 A.2d 961 (Conn. App. Ct. 2001).
· cites it 11× “The plaintiff relies on General Statutes § 4-142 (2), 2 which provides, in relevant part, *435 that the claims commissioner has no authority to hear “claims upon which suit otherwise is authorized by law including suits to recover similar relief arising from the same set of…”
Capers v. Lee, 684 A.2d 696 (Conn. 1996).
· cites it 10× “3 Thereafter, on December *268 16, 1994, the claims commissioner granted the defendants’ motion to dismiss the claim, concluding that, because General Statutes § 52-556 4 authorized the plaintiff to bring a direct action in the Superior Court against the defendants, General…”
Martin v. Brady, 802 A.2d 814 (Conn. 2002).
· cites it 4× “” General Statutes § 4-142 provides in relevant part: “There shall be a Claims Commissioner who shall hear and determine all claims against the state except .”
Martinez v. Dep't of Pub. Saf., 784 A.2d 347 (Conn. 2001).
· cites it 7× “) The chapter’s provisions include General Statutes § 4-142, which carves out the exceptions to the jurisdiction of the claims commissioner: “There shall be a Claims Commissioner who shall hear and determine all claims against the state except .”
Duguay v. Hopkins, 464 A.2d 45 (Conn. 1983).
· cites it 4× “” The plaintiffs maintain that by enacting this statute, the legislature has carved an exception within the terms of § 4-142 (2), which waives sovereign immunity and the requirement of seeking prior permission from the claims commissioner under § 4-160 for this action.”
Woodruff v. Hemingway, 2 A.3d 857 (Conn. 2010).
· cites it 4× “3 On *319 appeal, the plaintiff claims that the trial court improperly determined that it lacked subject matter jurisdiction because: (1) General Statutes § 27-70, 4 when read in conjunction with General Statutes § 4-142 (2), 5 permits actions against armed forces personnel; (2)…”
DePietro v. Dep't of Pub. Saf., 11 A.3d 1149 (Conn. App. Ct. 2011).
· cites it 8× “General Statutes § 4-142 provides in relevant part that the commissioner "shall hear and determine all claims against the state except .”
St. George v. Gordon, 825 A.2d 90 (Conn. 2003).
· cites it 4× “General Statutes § 4-142 15 provides that all claims against the state should proceed through the claims commissioner unless suit is authorized expressly by law.”
— Conn. Gen. Stat. § 4-142(2) — 1 case
DePietro v. Dep't of Pub. Saf., 11 A.3d 1149 (Conn. App. Ct. 2011).
“General Statutes § 4-142 provides in relevant part that the commissioner "shall hear and determine all claims against the state except .”
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