Upon the discovery of new evidence, any claimant aggrieved by an order of the Claims Commissioner rejecting or recommending the rejection of the claimant's claim, in whole or in part, may apply for rehearing. The claimant shall file with the Office of the Claims Commissioner an application for such rehearing, stating concisely in the application the matters which he or she desires to submit to the Office of the Claims Commissioner. The Office of the Claims Commissioner shall promptly provide a copy of the application to the Attorney General. The Attorney General shall review the application in the manner specified in subsection (a) of section
4-149. If such review discloses to the satisfaction of the Attorney General that protection of the state's interest does not reasonably require representation before the Office of the Claims Commissioner by the Attorney General, the Attorney General shall refer the application to the state agency or department involved in the claim for representation of the state before the Office of the Claims Commissioner not later than ninety days after receipt of the application by the Attorney General. Each such rehearing shall be subject to the provisions of this chapter and the rules made thereunder respecting the hearing and disposition of claims and reports to the General Assembly.
(1959, P.A. 685, S. 21; P.A. 75-605, S. 13, 27; P.A. 84-264, S. 4, 5; Sept. Sp. Sess. P.A. 09-7, S. 173; P.A. 16-127, S. 14; P.A. 23-131, S. 13.)
History: P.A. 75-605 replaced commission with claims commissioner and executive secretary with clerk of the office of the claims commissioner; P.A. 84-264 added provisions re review of application for rehearing by the attorney general, determination of whether representation by the attorney general is required and referral by the attorney general of application to state agency or department involved in the claim within 90 days of receipt of claim; Sept. Sp. Sess. P.A. 09-7 deleted reference to clerk of the office and made technical changes, effective October 5, 2009; P.A. 16-127 substituted “Office of the Claims Commissioner” for “Claims Commissioner” and made technical changes, effective June 9, 2016; P.A. 23-131 deleted requirement that application for rehearing be filed “in duplicate”, replaced “deliver a copy of the application” with “provide a copy of the application” and made a technical change, effective July 1, 2023.
Cited. 186 C. 300; 211 C. 199.
Notes of Decisions
184 Windsor Avenue, LLC. v. State, 875 A.2d 498 (Conn. 2005).
· cites it 3× “” *309 General Statutes § 4-156 provides in relevant part: “Upon the discovery of new evidence, any claimant aggrieved by an order of the Claims Commissioner rejecting or recommending the rejection of his claim, in whole or in part,, may apply for rehearing.”
Merly v. State, 558 A.2d 977 (Conn. 1989).
· cites it 3× “…commissioner rejecting or recommending the rejection of his claim, in whole or in part, may apply for rehearing.” General Statutes § 4-156.”
Chotkowski v. State, 690 A.2d 368 (Conn. 1997).
· cites it 2× “Except as provided in section 4-156, no claim once considered by the claims commissioner, by the general assembly or in a judicial proceeding shall again be presented against the state in any manner.”
Lagassey v. State, 846 A.2d 831 (Conn. 2004).
“Except as provided in section 4-156, no claim once considered by the Claims Commissioner, by the General Assembly or in a judicial proceeding shall again be presented against the state in any manner.”
Kinney v. State, 941 A.2d 907 (Conn. 2008).
“Such finding shall not be subject to review by the Superior Court. “(c) No claim cognizable by the Claims Commissioner shall be presented against the state except under the provisions of this chapter.”
Kelly v. Univ. of Connecticut Health Ctr., 963 A.2d 1 (Conn. 2009).
“Except as provided in section 4-156, no claim once considered by the Claims Commissioner, by the General Assembly or in a judicial proceeding shall again be presented against the state in any manner.”
State v. Avoletta, 347 Conn. 629 (Conn. 2023).
“Except as provided in section 4-156, no claim once considered by the Office of the Claims Commissioner, by the General Assembly or in a judicial pro- ceeding shall again be presented against the state in any manner.”
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