541-B:1 Definitions. – In this chapter: I. " Agency " means all departments, boards, offices, commissions, institutions, other instrumentalities of state government, including but not limited to the Pease development authority, division of ports and harbors, the New Hampshire housing finance authority, the New Hampshire energy authority, the community college system of New Hampshire, […]
541-B:10 Powers and Duties of the Board. – I. The board shall have the power to adopt and amend all rules of procedure not inconsistent with the constitution or laws of the state, which reasonably may be necessary for the proper performance of its duties and the regulation of the proceedings before it. II. […]
541-B:11 Procedure. – The procedure for the filing and adjudication of claims is as follows: I. The claimant shall first file the claim in writing with the agency involved. II. When a claim has been filed with any agency, the head of the agency shall make or cause to be made a preliminary investigation […]
541-B:11-a Annual Report. – The secretary of state shall provide annually to the division of risk and benefits a copy of the annual report for the board. Source. 1994, 381:12. 2006, 70:9, eff. June 24, 2006. 2019, 346:24, eff. July 1, 2019.
541-B:12 Repealed by 1985, 412:15, II, eff. July 3, 1985. –
541-B:13 Payment of Claims. – Whenever the board by majority vote finds that payment to a claimant is justified, or a judgment by the superior court becomes final, the governor shall draw his warrant for said payment out of any money in the treasury not otherwise appropriated, and said sums are hereby appropriated. Source. […]
541-B:14 Limitation on Action and Claims. – I. All claims arising out of any single incident against any agency for damages in tort actions shall be limited to an award not to exceed $475,000 per claimant and $3,750,000 per any single incident, or the proceeds from any insurance policy procured pursuant to RSA 9:27, […]
541-B:15 Claimants’ Rights Against Others. – The adjudication by the board or the superior court on any claim before it shall not deprive the claimant of any other legal rights he may have against another party. Source. 1977, 595:2. 1985, 412:12, eff. July 3, 1985.
541-B:16 Settlement. – Any payment made pursuant to this chapter shall be in full settlement of any liability on behalf of the agency which was subject to the claim and no further action may be instituted in any court of law for recovery of damages against that agency on any matter arising out of […]
541-B:17 Fees. – The board is authorized to establish reasonable fees not to exceed any comparable fees authorized for the superior court for the filing of claims, providing copies of the proceedings, transcripts or records or other documents which may be required by the board. Source. 1977, 595:2, eff. July 1, 1977.
541-B:18 Attorneys’ Fees. – No attorney representing a claimant shall charge or collect fees for legal services rendered to the claimant unless the fees have been approved by the board or the superior court, as the case may be. In determining the amount of allowable fees, the board or the superior court shall consider, […]
541-B:19 Exceptions. – I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, the provisions of this chapter shall not apply to: (a) Any claim which is based upon the exercise of a legislative or judicial function. (b) Any claim based upon an act or omission of a state […]
541-B:2 Board Established. – There is hereby organized, constituted and established a 5 member board of claims for the state. Source. 1977, 595:2. 1994, 158:4; 381:11, eff. May 23, 1994, at 12:01 a.m.
541-B:20 Right to Jury Trial. – In any action in the superior court pursuant to this chapter there shall be a right to a jury trial and the action shall be tried to a justice of the superior court in the ordinary course. Source. 1985, 412:13, eff. July 3, 1985.
541-B:21 Claims Arising From the Clinical Services Provided to the Department of Health and Human Services. – I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when […]
541-B:21-a Claims Arising From the Clinical Services Provided to the Department of Corrections. – I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the […]
541-B:22 Repealed by 1995, 10:16, VIII, eff. April 12, 1995. –
541-B:23 Repealed by 2010, 368:1(52), eff. Dec. 31, 2010. –
541-B:3 Appointment and Qualifications of Board Members. – I. The governor shall appoint 2 competent persons to serve as board members; preferably each shall be a member of the New Hampshire Bar Association. II. The chief justice of the New Hampshire supreme court shall appoint the chairman of the board. The chairman shall be […]
541-B:4 Term. – I. Each board member except the legislative members shall serve a 6-year term. The 2 legislative members shall serve a term which is co-terminous with their terms as legislators; provided, however, that at the expiration of a term of 6 years, a legislative member may be reappointed to serve as a […]
