25372. Any person may apply to the Department of General Services pursuant to Section 25373, for compensation of a loss caused by the release, in California, of a hazardous substance if any of the following conditions are met: (a) The source of the release of the hazardous substance, or the identity of the party liable […]
25373. The Department of General Services shall prescribe appropriate forms and procedures for claims filed pursuant to this article, which shall include, as a minimum, all of the following: (a) A provision requiring the claimant to make a sworn verification of the claim to the best of his or her knowledge. (b) A full description, […]
25374. All decisions rendered by the Department of General Services shall be in writing, with notification to all appropriate parties, and shall be rendered within 90 days of submission of a claim to the Department of General Services unless all the parties to the claim agree in writing to an extension of time. The decision […]
25375. (a) If the Department of General Services makes the determination, specified in subdivision (b), that losses resulted from the claimant’s damages, injury, or disease, only the following losses are compensable pursuant to this article: (1) One hundred percent of uninsured, out-of-pocket medical expenses, for up to three years from the onset of treatment. (2) Eighty percent of […]
25375.5. (a) Except as specified in subdivision (b), the procedures specified in Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and in Section 11513 of, the Government Code apply to the proceedings conducted by the Department of General Services pursuant to this article. (b) Notwithstanding […]
25376. No claim may be presented to the Department of General Services pursuant to this article later than three years from the date of discovery of the loss or from January 1, 1982, whichever is later. (Amended by Stats. 2016, Ch. 31, Sec. 169. (SB 836) Effective June 27, 2016. Repealed as of January 1, […]
25377. Nothing in this article shall require, or be deemed to require, pursuit of any claim against the Department of General Services as a condition precedent to any other remedy. (Amended by Stats. 2016, Ch. 31, Sec. 170. (SB 836) Effective June 27, 2016. Repealed as of January 1, 2024, pursuant to Sec. 4 of […]
25378. (a) Compensation of any loss pursuant to this article shall preclude indemnification or reimbursement from any other source for the identical loss, and indemnification or reimbursement from any other source shall preclude compensation pursuant to this article. (b) If a claimant recovers any compensation from a party in a civil or administrative action for […]
25379. (a) The following evidence is not admissible as evidence in any civil or criminal proceeding, including a subrogation action by the state pursuant to Section 25380, to establish the liability of any person for any damages alleged to have been caused by a release of a hazardous substance: (1) A final decision made by the Department […]
25380. Compensation of any loss pursuant to this article shall be subject to the state’s acquiring, by subrogation, all rights of the claimant to recover the loss from the party determined to be liable therefor. Upon the request of the Department of General Services, the Attorney General shall commence an action in the name of […]
25381. (a) The Department of General Services shall, in consultation with the department, adopt, and revise when appropriate, all rules and regulations necessary to implement this article, including methods that provide for establishing that a claimant has exercised reasonable diligence in satisfying the conditions specified in Sections 25372, 25373, 25375, and 25375.5, and regulations that specify […]
25382. The Department of General Services may expend from the state account those sums of money as are reasonably necessary to administer and carry out this article. (Amended by Stats. 2016, Ch. 31, Sec. 174. (SB 836) Effective June 27, 2016. Repealed as of January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. […]
