How Does the State Claims Board Work?
A signed, notarized original of the Claims Board Claim Form must be submitted along with a detailed explanation of the claim, documentation for the damages claimed, and complete insurance information, if applicable. (See "Filing a Claim" for forms and instructions.)
A copy of the claim is sent to the involved state agency for its response. When an agency response is received, a copy is sent to the claimant, who may then submit additional information, if desired.
If the claimant or the agency wish to do so, they may request a hearing before the Claims Board. All hearings take place in Madison, Wisconsin at a Claims Board meeting. Both the claimant (or his or her representative) and a representative of the state agency appear at the hearing. Both parties will be asked to briefly summarize their position on the claim and respond to questions from the Board members. Hearings are relatively informal and usually take less than 15 minutes.
If neither the claimant nor the agency wish to attend a hearing, the Claims Board can decide the claim based on the written material submitted by the claimant and the agency, without any appearances by the claimant or the agency.
Claims Board meetings are held approximately four times a year. The hearing portion of a Claims Board meeting is open to the public. After the hearings are completed, the Board goes into a closed session to discuss and decide the claims presented at hearings and also those claims for which no hearing was requested. This portion of the meeting is closed to everyone except Board members and staff pursuant to section 19.85 (1)(a) of the Wisconsin Statutes.
The Board may vote to pay up to $10,000, recommend payment of more than $10,000 to the legislature, or deny a claim. A unanimous vote is required for the Board to directly pay a claim up to $10,000. A unanimous vote is not required to recommend payment to the legislature of claims greater than $10,000.
The Board issues a written decision after each meeting. A copy of the decision is sent to each claimant within 20 days of the meeting. The decision of the Board is made public only through issuance of the written decision.
There is no appeal process before the Claims Board except for claims involving wrongful imprisonment or payments towards judgments against state law enforcement officers (sections 775.05 and 775.06 of the Wisconsin Statutes).
Is there something you did not find on this list? Check the The Claim Process Archives.
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