Iowa Code » Chapter 25 — CLAIMS AGAINST THE STATE AND BY THE STATE

Iowa Code § 25.1

Receipt, investigation, and report

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1. Except for those claims that are addressed as provided in section 25.2, subsection 3, when a claim is filed or made against the state, on which in the judgment of the director of the department of management the state would be liable except for the fact of its sovereignty or that it has no appropriation available for its payment, the director of the department of management shall deliver that claim to the state appeal board. However, this chapter does not apply to a claim as defined in section 669.2. 2. The state appeal board shall make a record of the receipt of claims received from the director of the department of management, notify the attorney general, and deliver a copy to the state official or agency against whom the claim is made, if any. a. The official or agency shall report its recommendations concerning the claim to the attorney general who, with a view to determining the merits and legality of the claim, shall investigate the claim and report the findings and conclusions of the investigation to the state appeal board. b. To help defray the initial costs of processing a claim and the costs of investigating a claim, the department of management may assess a processing fee and a fee to reimburse the office of the attorney general for the costs of the claim investigation against the state agency which incurred the liability of the claim. 3. Notwithstanding subsections 1 and 2, and section 25.2, the state appeal board shall not consider claims for refund of the unused portion of vehicle registration fees collected under section 321.105. [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §25.1] 93 Acts, ch 180, §72; 96 Acts, ch 1075, §1; 2003 Acts, ch 179, §102; 2006 Acts, ch 1185, §93 – 95; 2023 Acts, ch 19, §2054, 2055, 2073

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Notes of Decisions
Cited in 14 cases, 1968–2020 · leading case: Edward Crowell v. State Public Defender v. Iowa District Court for Linn County
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Edward Crowell v. State Public Defender v. Iowa District Court for Linn County (2014) iowa · cites it 4× “The juvenile court noted that in determining the amount of fee award, the fee guidelines of the State Public Defender would be probative but not determinative as to reasonableness. Accordingly, the juvenile court ordered that the reasonable costs of the defense of the mother be…”
Terri Rivera v. Woodward Resource Center and State of Iowa (2013) iowa · cites it 4× “See Iowa Code § 25.1 (1) (2007). Notwithstanding, the state appeals board in this case made a “determination to deny payment of the claim” filed by Rivera and directed her to pursue her claim further under the ITCA.”
Miller v. Boone County Hospital (1986) iowa · cites it 2× “1888 Iowa Laws § 25.1 (22nd G.A.) (for actions based on defective streets or sidewalks).”
State Public Defender v. Iowa District Court for Polk County (2006) iowa · cites it 2× “Iowa Code § 25.1 (1). It appears that claims for which no appropriation exists are payable “out of any money in the state treasury not otherwise appropriated.”
Kersten Co., Inc. v. Department of Social Services (1973) iowa · cites it 2× “Code sections 25.1, 25.2, 25.3 provide for filing and processing of claims on which the state would be liable except for its sovereignty.”
Megee v. Barnes (1968) iowa · cites it 4× “We may observe our decision does not leave plaintiff without a remedy.”
State v. Trainer (2008) iowactapp “] Johnson probably also allows the government, by objecting to a defendant’s guilty plea to a lesser offense, to defeat a defendant’s effort to head off more serious charges that were not joined with the lesser offense at the time to the plea, but were known by the defendant to…”
Blessum v. Howard County Board of Supervisors (1980) iowa “James, Law of Torts § 25.1, p. 1299 (1956) (emphasis in original).”
Ludwig v. ARMOUR & COMPANY (1968) iowa · cites it 2× “*648 “When the Company gives notice of the closing of a plant pursuant to Section 25.1 of the Master Agreement and the Company has established or thereafter establishes a replacement plant (as defined by the automation committee), employees with seniority rights in the closed…”
McBroom v. State (1975) iowa “Such an injured person is entitled to such increased damages as are the natural and proximate result of the wrongful act.”
Blessum v. HOWARD CTY. BD. OF SUP'RS (1980) iowa “James, Law of Torts § 25.1, p. 1299 (1956) (emphasis in original).”
State of Iowa v. Trevon Fox (2014) iowactapp · cites it 3× “Kerr, Criminal Procedure § 25.1(d), at 591-92 (3d ed. 2007) (“The reasoning of [Ohio v.”
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— Iowa Code § 25.1(d) — 3 cases
State v. Trainer (2008) iowactapp “] Johnson probably also allows the government, by objecting to a defendant’s guilty plea to a lesser offense, to defeat a defendant’s effort to head off more serious charges that were not joined with the lesser offense at the time to the plea, but were known by the defendant to…”
State of Iowa v. Trevon Fox (2014) iowactapp “Kerr, Criminal Procedure § 25.1(d), at 591-92 (3d ed. 2007) (“The reasoning of [Ohio v.”
State of Iowa v. Christopher Lee Roby Jr. (2020) iowa
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