4.3.5.2.1

Forwarding Settlements and Judgments for Payment - Forms

Effective Date:

Oct. 1, 1988

After the certification form has been approved by the Attorney General, the agency head or an authorized designee is to forward administrative settlements for payment on the format prescribed by the Office of Risk Management. The Attorney General’s certificate that is to accompany a final judgment by a court of competent jurisdiction is to be obtained from the Office of Risk Management.

4.3.5.2.2

Payments, To Whom Made - Satisfaction of Judgments

Effective Date:

Oct. 1, 1988

Payments of administrative settlements will be made directly to the claimant. Payments of judgments will be made to the Clerk of the Court for the benefit of Judgment creditors. Upon receipt of payment, the Clerk will satisfy the Judgment against the state.

4.3.5.2.3

Agencies and Funds Charged

Effective Date:

Oct.. 1, 1988

Liability for the payment of claims arising out of tortuous conduct or under and pursuant to 42 U.S.C. Sec. 1981 et seq. is considered part of the normal operating expenses of the agency whose operations and activities gave rise to the liability and is a lawful charge against the monies appropriated or available to such agencies. The charge is to be allocated to appropriated and other available monies in the same proportion as the monies financing the activity causing the liability.

4.3.5.2.4

Charges Where More Than One Agency is Involved

Effective Date:

Oct. 1, 1988

Whenever the operations and activities of more than one agency combine to give rise to a single liability, the Office of Risk Management will determine the comparative responsibility of each agency for the liability. The Office of Risk Management in conjunction with the Attorney General’s Office will initiate an investigation, and when deemed necessary, conduct a hearing with the agencies concerned to determine the degree of agency liability. Determinations made by the Office of Risk Management are final unless reversed by an order of a court of competent jurisdiction.

4.3.5.2.5

Reimbursements to the Tort Claim Revolving Account

Effective Date:

Oct. 1, 1988

4.3.5.2.5.a	The Office of Risk Management will send notices to the agencies to remit money to the Tort Claims Revolving Account who give rise to the liability. Agencies will remit money to the Office of Risk Management, Department of General Administration.
4.3.5.2.5.b	Agencies must reimburse the Tort Claims Revolving Account within 30 days from receipt of notification. The Office of Risk Management will request the Office of Financial Management (OFM) to transfer money from the appropriation of those agencies who fail to reimburse the Tort Claims Revolving Account for which the director of OFM has the authority to revise allotments under Chapter 43.88 RCW.
4.3.5.2.5.c	Relief from Payment Requirement
	The director of OFM may relieve an agency of the requirement for reimbursement to the Tort Claim Revolving Account when that payment would seriously disrupt or prevent substantial performance of the operation or activities of the state agency. Prior to granting relief, legislative appropriation may be necessary to ensure the financial integrity of the Tort Claims Revolving Account. The appropriation will be requested from funds in the same proportion as the monies financing the activity causing the liability.

4.3.5.2.6

Reports to Legislature

Effective Date:

Oct. 1, 1988

The Office of Risk Management, upon request, will report to the Legislature the status of the Tort Claims Revolving Account, all payments, all reimbursements, and the identity of agencies whose operations and activities gave rise to the liability.