Rules & Regulations of the State of Tennessee Title 0300 - Board of Claims
Title 0300 of the Rules & Regulations of the State of Tennessee is dedicated to the Tennessee Board of Claims. This body of administrative rules outlines the procedures and policies for handling claims made against the State of Tennessee or its employees.
The Board of Claims plays a crucial role in overseeing the state's programs for compensating individuals who have suffered damages due to the actions (or inactions) of the State or its employees. It is chaired by the Tennessee State Treasurer and is attached to the Treasury Department for administrative purposes.
Here's a breakdown of the key chapters and topics you would find within Title 0300:
Chapter 0300-01 - Rules of the Board of Claims: This is the primary chapter defining the general procedures and jurisdiction of the Board regarding claims against the state.
Presentation of Claims (§ 0300-01-.01):
Filing Requirements: Specifies that claims must be filed with the Secretary of the Board of Claims within a certain timeframe (e.g., one year after the incident giving rise to the claim).
Content of Claim: Dictates what information the claim must include, such as the state entity involved, the time and place of the incident, and the nature of the injury or damages.
Burden of Proof: Clarifies that the claimant has the burden of presenting written documentation to establish all facts necessary for compensation.
Jurisdiction and Scope:
The Board reviews and authorizes the purchase of various types of insurance for the State, including property insurance and aviation insurance.
It oversees the Risk Management Fund, which pays various types of claims, including:
Property damage to state buildings.
Workers' compensation for state employees (though the Tennessee Claims Commission primarily adjudicates these, the Board provides oversight).
Damages from alleged negligence by the State or its employees (general liability, auto liability, medical malpractice claims).
Disputes between different state departments/agencies regarding the assignment of losses.
Claims for property damage caused by an escapee from a state correctional facility.
Claims for compensation by persons wrongfully imprisoned and subsequently exonerated.
Important Distinction: While the Board of Claims provides general oversight and administrative rules, the Tennessee Claims Commission (often associated with Title 0310 in the rules) is the administrative tribunal that adjudicates specific claims of negligence, workers' compensation, and contract claims against the state. The Board of Claims often reviews and makes recommendations, particularly for funding levels of the Risk Management Fund, and can hear claims that don't fall under the Claims Commission's direct adjudication.
Financial Oversight and Recommendations:
The Board reviews and makes recommendations to the Commissioner of Finance and Administration and the General Assembly regarding the required funding level of the Risk Management Fund and the contributions needed from each state agency.
It establishes policies governing the administration of the state's contract and tort insurance programs.
It can establish incentive programs for state agencies to reduce liabilities to the Risk Management Fund (e.g., differential premium rates for participation in loss control programs).
Liability with Third Party (§ 0300-01-.14): Rules regarding situations where a third party might also be liable for an employee's claim, including subrogation agreements to ensure the State is reimbursed.
Other General Provisions: May cover aspects like Board meetings, public comments, and other administrative procedures.
Chapter 0300-02 - Criminal Injuries Compensation Program: This chapter sets out the rules for compensating victims of crimes.
Purpose: To provide compensation for claims filed for crimes committed against victims.
Maximum Award Limits: Specifies the maximum compensation award for claims (e.g., as of July 1, 2025, it might not exceed $34,200.00, with varying limits for prior periods), which applies to the aggregate of all claims arising from a single crime against a victim.
Eligibility and Application: Procedures for victims to file claims and the criteria for eligibility under the program.
In essence, Title 0300 serves as the regulatory guide for the Tennessee Board of Claims, outlining its powers, responsibilities, and procedures in managing the state's risk, compensating certain types of claims against the state, and administering the Criminal Injuries Compensation Program, all to protect the public and ensure financial accountability.
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