815 Mass. Reg. 5.09

Current through Register 1523, June 7, 2024
Section 5.09 - General Procedure For Payment Of Settlements And Judgment After Initiation Of Litigation
(1)Responsibility of assigned attorney or staff person: Preparation of Reports. When litigation involving a monetary claim against the Commonwealth covered by these regulation terminates in a final Settlement or judgment with regard to such a claim, the agency attorney or staff person assigned to handle or monitor the claim shall do the following:
(a) Prepare a report indicating:
1. the principal amount of the settlement or judgment;
2. the amount of any attorney's fee award;
3. the amount of any interest award or accrued, and whether the interest continues to accrue post-judgment;
4. a request for payment of the amount;
5. a description of the basis for the request, (e.g., Court order or settlement agreement); and
6. whether the assigned attorney desires to award the payment check to the claimant;
(b) Forward the report with a copy of the settlement or judgment just described to the General Counsel of the Comptroller within the time frames set forth in 815 CMR 5.09(2). In the case of settlement prior to judgment, the agency need not reduce the settlement to a court ordered agreement for judgment.
(c) Retain the litigation file as open until the Comptroller notifies the assigned attorney that the payment has been made. The Attorney General's litigation file may be closed when that office has provided sufficient information to allow the concerned agency to file a payment request with the Comptroller.
(2)Time for preparation of reports. The report described in 815 CMR 5.09(1)(a) shall be sent by the agency attorney to the General Counsel of the Comptroller:
(a) if based on a settlement agreement, within 15 days of signing of the final settlement papers; or
(b) if based on a judgment against the Commonwealth or any agency, within fifteen days of the Commonwealth's decision not to appeal; or
(c) if based on a judgment against the Commonwealth or an agency, where the Commonwealth decides to take an appeal from the judgment, within fifteen days of any final order on appeal or in remand proceedings, if such remand proceedings are ordered.
(3) Each report shall be prepared on forms supplied by the Comptroller and after consultation with the Assistant Attorney General or Special Assistant Attorney General assigned to the matter, where appropriate.

815 CMR 5.09