674-6 Rulemaking powers.
§674-6 Rulemaking powers. The panel shall adopt rules in accordance with chapter 91 prescribing the procedures to be followed in the filing of claims and in the proceedings for review of claims under this chapter, and any other rules as the panel deems necessary to carry out the purposes of this chapter. [L 1991, c […]
674-7 Review by panel required.
§674-7 Review by panel required. Any individual beneficiary under the trust claiming actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and which was caused by an act or omission of an employee of the State in the management and disposition of […]
674-8 Powers and procedures of the panel.
§674-8 Powers and procedures of the panel. (a) The panel may hold hearings or such other proceedings as it deems necessary, sit and act at such times and places, and take such testimony as the panel deems advisable. The panel shall fix a time and place for hearings or other proceedings on such claim and […]
674-9 Panel hearing or review proceedings; fact-finding; evidence.
§674-9 Panel hearing or review proceedings; fact-finding; evidence. No persons other than the panel or hearings officer, the claimant, representatives of the concerned state agency, legal counsel, witnesses, and persons called by the panel to assist in its review, shall be present during any hearing or other proceedings conducted by the panel, except with the […]
673-4 Scope of relief.
§673-4 Scope of relief. (a) In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty and no award shall be made directly to or for the individual benefit of any particular person not […]
674-10 Findings and advisory opinion.
§674-10 Findings and advisory opinion. (a) The panel shall prepare findings and an advisory opinion concerning the probable merits of a claim, probable award of compensation, or recommended corrective action by the State. (b) The findings and advisory opinion shall be signed by all members of the panel; provided that any member of the panel […]
673-5 Attorney’s fees and costs.
§673-5 Attorney’s fees and costs. (a) In any action under this chapter, the court shall, upon a specific finding that a non-prevailing party’s claim or defense was frivolous, assess against such party and award to the prevailing party, and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, […]
674-11 Subsequent litigation; excluded evidence.
§674-11 Subsequent litigation; excluded evidence. No statement made in the course of any investigation, hearing, or review proceedings of the panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any legal proceeding. No opinion, conclusion, finding, or recommendation of the panel […]
672E-3 Notice of claim of construction defect.
§672E-3 Notice of claim of construction defect. (a) A claimant, no later than ninety days before filing an action against a contractor, shall serve the contractor with a written notice of claim. The notice of claim shall describe the claim in detail and include the results of any testing done. The notice of claim shall […]
672E-4 Rejection of claim; opportunity to repair construction defect.
§672E-4 Rejection of claim; opportunity to repair construction defect. (a) The contractor rejects a claimant’s claim of construction defects by: (1) Serving the claimant with a written rejection of the claim; or (2) Failing to respond pursuant to subsection (b)(1) or (b)(2), to the notice of claim within thirty days after service. (b) The contractor, […]