V.S.A. tit. 32, ch. 13, subch. 2 — Claims | Vermont Statutes Annotated (through the 2026 session) — Vermont

32 V.S.A. § 931 Repealed. 1997, No. 156 (Adj. Sess.), § 48, eff. April 29, 1998.

32 V.S.A. § 932 Claims against the State

932. Claims against the State (a) A person who has a claim against the State, the payment of which is not otherwise specially provided for by law, may file a claim in Small Claims Court in accordance with 12 V.S.A. chapter 187. Notwithstanding 12 V.S.A. § 5531(a), judgments on such claims shall not exceed $2,000.00. (b) A claim under this section shall be filed within 18 months after the date the claim accrued, and shall not be filed until the claimant has exhausted any duly adopted administrative grievance procedure of the State agency or department against which the claim is made. If the agency or department has not issued a final determination within 90 days after the grievance was filed, then for purposes of a claim under this subchapter, the grievance claim shall be deemed granted. Amended 1977, No. 94; 1997, No. 156 (Adj. Sess.), § 46, eff. April 29, 1998; 1999, No. 8, § 1.

32 V.S.A. § 932a Administrative reimbursement for property damages

932a. Administrative reimbursement for property damages (a) In lieu of proceeding under section 932 of this title, a State employee who has a claim against the State for property damages may elect to file a claim under this section, provided the claim does not exceed $1,000.00. (b) The claim shall be: (1) made in writing, under oath, stating the facts relating to the claim; (2) filed with the agency, department, or other State entity that employs the claimant; and (3) filed within one year after the date the claim accrued. (c) The State entity with which the claim is filed may approve payment of a claim against the State for property damages sustained by the employee and payment of the claim shall be charged against that entity’s departmental appropriation. (d) If a claim is approved under this section, the Commissioner of Finance and Management shall issue a warrant for the amount of the award, the acceptance of which shall be a full discharge of all claims against the State arising out of the matters involved in the award. If the claim is disapproved, the person may proceed to file the claim under section 932 of this title. (e)(1) A State employee who incurs expenses for legal representation because of a criminal investigation conducted by law enforcement authorities regarding an act or omission within the scope of the employee’s duties, may present an administrative claim to the head of his or her employing agency, provided that the employee has not: (A) been convicted of any criminal offense on account of the act or omission; (B) been finally terminated by the employing agency; or (C) resigned from employment due to the act or omission. (2) If the agency head has not yet made a determination whether the employee will be terminated, or if the termination is appealed to the Vermont Labor Relations Board, the request may be held until such a determination has been made or the Board decides the case. An employee reinstated by the Board may present a claim. (3) The agency head shall forward the request along with a recommendation to the Secretary of Administration, who may authorize administrative reimbursement from the Agency’s budget for reasonable and necessary expenses, not to exceed $5,000.00. Payment under this subsection may only be authorized upon a finding by the Secretary of Administration that the act or omission was within the scope of the employee’s duties. The decision to reimburse and the amount of reimbursement are matters fully within the Secretary’s discretion. The Secretary’s decision shall be final and there shall be no appeal or challenge of the decision. There shall be no other reimbursement of legal expenses for criminal representation except as authorized under 3 V.S.A. § 1104. Added 1999, No. 8, § 2; amended 2001, No. 72, § 1; 2021, No. 105 (Adj. Sess.), § 464, eff. July 1, 2022.

32 V.S.A. § 933 Hearing

933. Hearing (a) Notwithstanding 12 V.S.A. § 5535, claims to the Small Claims Court brought under this subchapter shall be decided by the court with no jury. An appeal from the decision of the Small Claims Court shall be in accordance with provisions of 12 V.S.A. § 5538. (b) The Small Claims Court shall decide a claim filed under this subchapter by an inmate of a correctional facility on the basis of affidavits of the parties and testimony by telephone; or the court may in its discretion request additional evidence to decide such claims. (c) Upon award of damages by the Small Claims Court, the Commissioner of Finance and Management shall issue a warrant for the amount, the acceptance of which shall be a full discharge of all claims against the State arising out of the matters involved in the award. Amended 1959, No. 328 (Adj. Sess.), § 8(b); 1981, No. 249 (Adj. Sess.), § 7; 1983, No. 195 (Adj. Sess.), § 5(b); 1997, No. 156 (Adj. Sess.), § 47, eff. April 29, 1998; 2021, No. 105 (Adj. Sess.), § 465, eff. July 1, 2022.

32 V.S.A. § 934 Repealed. 1997, No. 156 (Adj. Sess.), § 48, eff. April 29, 1998.

32 V.S.A. § 935 Payment of claims

935. Payment of claims The amount paid under this subchapter shall be charged to the State agency responsible for the basis of the claim; otherwise, it shall be paid from the contingent fund.