210 Ind. Admin. Code 1-10-5

Current through May 29, 2024

Section 210 IAC 1-10-5 - Claim administration

Authority: IC 34-13-3-7

Affected: IC 34-13-3

Sec. 5.

(a) The commissioner of the department shall appoint a staff person within the division of legal services to act as the tort claims administrator for all claims regarding loss of property by offenders. This staff person shall report to the director of the division of legal services.

(b) The duties of the tort claims administrator shall include the following:

(1) Receiving copies of the NOTICE OF LOSS OF PROPERTY-TORT CLAIM form submitted by offenders.

(2) Assigning a sequential case number to each notice received.

(3) Advising the facility tort claims investigator and the offender as to the case number assigned to the claim.

(4) Receiving copies of the RECOMMENDATION ON TORT CLAIM form from the facility tort claims investigator.

(5) Reviewing all documents and forms received from the offender and the facility tort claims investigator.

(6) Requesting additional information from the facility or the offender, as necessary.

(7) Making a recommendation to the office of the attorney general concerning settlement of the claims, including the following:

(A) Completing the AMENDMENT TO TORT CLAIM form in cases where the claim appears appropriate but the amount requested is not correct.

(B) Forwarding the AMENDMENT TO TORT CLAIM form to the facility tort claims investigator as necessary.

(C) Receiving the completed AMENDMENT TO TORT CLAIM form from the facility tort claims investigator.

(D) Completing the tort claims administrator section of the RECOMMENDATION ON TORT CLAIM form.

(8) Submitting all documentation to the office of the attorney general.

(9) Maintaining a file on all property loss tort claims filed in the department.

(10) Serving as the department liaison with the office of the attorney general for property loss tort claims.

210 IAC 1-10-5

Department of Correction; 210 IAC 1-10-5; filed Jun 17, 2003, 9:25 a.m.: 26 IR 3543; readopted filed Dec 2, 2009, 2:18 p.m.: 20091223-IR-210090805RFA

Readopted filed 11/15/2016, 1:32 p.m.: 20161214-IR-210160375RFA

Readopted filed 11/28/2022, 2:50 p.m.: 20221228-IR-210220280RFA