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Current as of January 01, 2024 | Updated by Findlaw Staff
1. Within sixty days after the discovery of any default or wrongful act on the part of any public employee or public official for which the fund is or may become liable, the state auditor, county auditor, city auditor, township clerk, or business manager of the school district; the treasurer of the state or state agency or political subdivision if the defaulting officer is the auditor or clerk of the state or state agency or political subdivision; and any other officer having supervision of a defaulting public employee or public official shall file a claim with the office against the fund.
2. The office may prescribe the forms for claims.
3. The office may administer oaths and examine witnesses in connection with a claim presented to the office.
4. The office shall maintain a register of all claims filed against the fund, including a brief description of each claim, the name of the public entity, the amount and character of the claim, the action taken upon the claim, and the date action was taken.
5. The office shall retain claims and documents relating to claims as provided by law.
6. The office shall review all claims presented to the office. The office shall notify the state auditor if any public employee or public official defaults or creates a liability against the fund, and the state auditor may conduct an investigation under section 26.1-21-12.
7. The office shall determine the allowable amount of the claim. The office may delay a determination of the allowable amount of the claim until receipt of the auditor's report under section 26.1-21-12. The office shall present all records relating to the claim, including the allowable amount determined by the office, to the attorney general for review.
8. The attorney general shall review the validity of the claim and the allowable amount determined by the office. Upon approval by the attorney general, the office shall pay the allowable amount to the claimant from the fund.
Cite this article: FindLaw.com - North Dakota Century Code Title 26.1. Insurance § 26.1-21-11. Claims--Limitation on filing of claims against fund--Register of claims--Review and payment of claims - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-26-1-insurance/nd-cent-code-sect-26-1-21-11/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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