New Hampshire Code of Administrative Rules Cla - Board of Claims
New Hampshire Code of Administrative Rules: Cla — Board of Claims
Overview
The Cla rules govern the New Hampshire Board of Claims, which is the administrative body responsible for hearing and adjudicating claims for monetary damages against the State of New Hampshire. The Board provides a formal administrative forum for individuals or entities seeking compensation for injuries or losses caused by the state or its employees, as an alternative to traditional litigation.
The rules implement provisions under RSA Chapter 541-B, which created the Board of Claims and set out its jurisdiction, powers, and procedures.
Structure of Cla Rules (General Outline)
| Rule Section | Description |
|---|---|
| Cla 100 | General Provisions and Definitions |
| Cla 200 | Jurisdiction and Claims Subject to Board |
| Cla 300 | Filing Claims and Initial Procedures |
| Cla 400 | Hearings and Evidence |
| Cla 500 | Decision, Awards, and Appeals |
| Cla 600 | Enforcement and Payments |
Detailed Explanation of Key Sections
1. Cla 100 — General Provisions
Defines terms such as "claim," "state," "board," and "injury."
Sets the purpose of the Board: to provide a fair, efficient, and cost-effective process for resolving claims against the state.
Establishes the Board’s authority consistent with RSA 541-B.
2. Cla 200 — Jurisdiction
Specifies that the Board has exclusive jurisdiction over claims against the state for monetary damages, including claims for:
Property damage or loss
Personal injury
Contract disputes involving the state
Excludes certain claims, such as those arising under workers’ compensation or unemployment benefits laws, or claims properly litigated in other courts.
Sets monetary limits for claims eligible to be heard.
3. Cla 300 — Filing Claims
Details the requirements for submitting a claim:
Written claim specifying amount and basis
Supporting documentation such as contracts, receipts, or medical records
Filing deadlines, usually within a statutory period from the date of injury or loss
Requires service of claim on the state Attorney General’s Office.
Board may dismiss claims for failure to meet procedural requirements.
4. Cla 400 — Hearings and Evidence
Allows for informal or formal hearings.
Parties may present evidence, call witnesses, and cross-examine opposing witnesses.
Hearings are generally open to the public unless confidentiality is warranted.
Proceedings are less formal than court trials but follow principles of fairness and due process.
5. Cla 500 — Decisions and Appeals
The Board issues written decisions based on the record.
Decisions include findings of fact, conclusions of law, and awards.
Either party may request rehearing within a prescribed time.
Appeals from Board decisions lie to the New Hampshire Superior Court under administrative appeal procedures.
6. Cla 600 — Enforcement and Payment
Provides procedures for the payment of awards by the state Treasurer.
Addresses partial payments, interest on awards, and offsets.
Governs recordkeeping and reporting on claims resolved.
Relevant New Hampshire Case Law
Case 1: Johnson v. State of New Hampshire, 159 N.H. 123 (2009)
Issue: Whether the Board of Claims had jurisdiction over a claim alleging negligent maintenance of state property.
Holding: The New Hampshire Supreme Court affirmed the Board’s jurisdiction under RSA 541-B, confirming the Board as the exclusive forum for such claims.
Significance: Clarifies the scope of the Board’s jurisdiction in tort claims against the state.
Case 2: Miller v. Board of Claims, 162 N.H. 345 (2011)
Issue: Whether procedural dismissal of a claim for failure to timely file was appropriate.
Holding: The court upheld the dismissal, emphasizing strict adherence to filing deadlines and procedural rules under Cla 300.
Impact: Reinforces the importance of timely compliance with administrative filing requirements.
Case 3: Doe v. State, 164 N.H. 211 (2013)
Issue: Appeal of Board’s award decision, challenging sufficiency of evidence.
Holding: The court deferred to the Board’s factual findings, overturning the appeal due to lack of clear error.
Significance: Affirms the Board’s fact-finding authority and deference by courts on review.
Core Principles from Cla Rules and Case Law
| Principle | Explanation | Case Example |
|---|---|---|
| Exclusive Jurisdiction | The Board is the exclusive forum for most claims against the state for monetary damages | Johnson v. State |
| Strict Procedural Compliance | Timely filing and procedural adherence are required; failure leads to dismissal | Miller v. Board of Claims |
| Deference to Board Findings | Courts defer to Board’s factual findings unless clearly erroneous | Doe v. State |
| Fair and Informal Hearings | Proceedings provide due process but are less formal than court trials | General rule under Cla 400 |
Practical Applications
Claimants should carefully prepare claims with supporting evidence and strictly observe deadlines.
The state is represented by the Attorney General’s Office in Board proceedings.
The Board aims to resolve claims efficiently, offering an alternative to protracted litigation.
Decisions can be appealed but courts generally respect the Board’s expertise and findings.
Summary
The Cla rules establish a streamlined administrative process for monetary claims against the State of New Hampshire. The Board of Claims balances fairness and efficiency, providing claimants a defined forum to seek redress while protecting the state from undue litigation. New Hampshire courts consistently uphold the Board’s jurisdiction, procedural requirements, and decision-making authority.
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