Rules & Regulations of the State of Tennessee Title 0310 - Claims Commission
Tennessee Rules & Regulations: Title 0310 – Claims Commission
The Tennessee Claims Commission is a special tribunal created by the state to handle claims for money damages against the State of Tennessee. Its procedures are governed by Title 0310 of the Rules & Regulations of Tennessee.
The Commission only has jurisdiction over claims specifically allowed by statute, and these statutes define what types of claims can be brought against the state (e.g., negligence, contracts, certain worker injuries).
1. Purpose of Title 0310
Title 0310 sets the rules for:
How to file a claim
Pleadings and motions
Discovery (fact-finding procedures)
Hearings and evidence
Electronic filing procedures
It modifies the general Tennessee Rules of Civil Procedure for use in the Claims Commission context. Where the Rules of Civil Procedure conflict with Commission rules, the Commission’s rules control.
2. Key Procedural Rules
a. Applicability of Civil Rules
Most Tennessee Rules of Civil Procedure apply to Claims Commission cases unless the Commission rules modify them.
Filing deadlines, motion practices, and discovery rules may be shortened or altered to reflect the Commission’s smaller, specialized caseload.
b. Starting a Claim
A claim is initiated by filing a “Notice of Claim” with the Division of Claims & Risk Management.
After that, a complaint may be filed with the Claims Commission.
The complaint must include:
A description of the incident or cause of action
Damages claimed
Names of parties involved
Typically, the complaint must be filed within 30 days after the claim is presented to the state division.
c. Discovery and Evidence
Discovery is allowed: interrogatories, depositions, requests for admission, and requests for production of documents.
The Commission may limit the number of questions or requests.
Tennessee Rules of Evidence generally apply, but the Commission may accept certain records (e.g., medical or business records) with less formal requirements.
d. Motions and Hearings
Written motions can usually be decided without oral argument unless the Commissioner requests it.
Parties may request a hearing before all Commissioners (en banc) if they disagree with a single Commissioner’s decision.
Decisions of a single Commissioner can be reviewed de novo at an en banc hearing.
e. Filing and Service (Including Electronic Filing)
Documents are considered filed when received and accepted by the Clerk.
Electronic filings are acceptable if properly submitted with an electronic signature.
Filing timestamps (especially electronic filings) determine the official filing date.
3. Jurisdiction and Statutory Limits
The Claims Commission has jurisdiction only where the state waives sovereign immunity, such as:
Negligence or wrongful acts by state employees in the course of employment
Certain breach of contract claims by or against the state
Some worker injury claims not covered under the Workers’ Compensation system
Important notes:
Some claims are barred (e.g., claims against prosecutors, judges, or discretionary acts of government officials).
Filing with the Claims Commission is considered an election of remedies; once a claim is filed, you generally cannot pursue the same claim in another court against the state or its employees.
4. Key Case Law Interpretations
Here are some examples of how courts have interpreted the Claims Commission rules:
a. Jurisdiction & Sovereign Immunity
Tanna Gordon v. State of Tennessee: The court emphasized that the Commission cannot hear claims outside statutory waivers, like claims based only on gross negligence not recognized by statute.
b. Collateral Source Rule
Tolbert v. State of Tennessee: When awarding damages, benefits received from unrelated sources (like insurance) are not deducted from the award.
c. Absolute Immunity
Calvin Dibrell v. State: Claims dismissed because the state or its officers had absolute immunity, or the claim was outside the Commission’s jurisdiction.
d. Election of Remedies
Haley v. University of Tennessee: Filing a claim with the Claims Commission is an exclusive remedy for that claim; the claimant cannot later sue the state in another court for the same issue.
5. Practical Summary for Claimants
| Topic | Key Takeaway |
|---|---|
| How to start | File a Notice of Claim with the Division of Claims & Risk Management. |
| Deadline for complaint | Usually within 30 days of claim submission. |
| Rules applied | Tennessee Rules of Civil Procedure mostly apply, modified by Commission rules. |
| Discovery | Limited, controlled by the Commissioner. |
| Evidence | Tennessee Rules of Evidence apply, but some records accepted with less formality. |
| Damages | Must be proven, subject to statutory caps, and collateral benefits are not deducted. |
| Appeals | Decisions can be reviewed en banc; courts can review jurisdictional issues de novo. |
| Sovereign Immunity | Claims allowed only as explicitly stated in statute. |
| Election of remedies | Filing a claim generally prevents filing the same claim elsewhere. |
6. Summary
The Claims Commission is a special forum for suing the state under limited conditions.
Title 0310 provides procedural and e-filing rules.
Statutes define jurisdiction and damages; the Commission cannot exceed these limits.
Case law clarifies limits, such as sovereign immunity, collateral source rule, absolute immunity, and election of remedies.
Following Commission rules carefully is critical because failing to comply can bar your claim.
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