Title 32, Judicial Remedies
69 chapters · 731 sections in this title.
N.D.C.C. § 32-12.2-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Claim" means any claim for money damages brought against the state or a state employee for an injury caused by the state or a state employee acting within the scope of the employee's employment whether in the sta…
N.D.C.C. § 32-12.2-02 Liability of the state - Limitations - Statute of limitations
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1. The state may only be held liable for money damages for an injury proximately caused by the negligence or wrongful act or omission of a state employee acting within the employee's scope of employment under circumstances in which the employee would be personally liable to a cla…
N.D.C.C. § 32-12.2-03 State to be named in action - Personal liability and defense of employees - Indemnification of claims and final judgments
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1. An action for an injury proximately caused by the alleged negligence, wrongful act, or omission of a state employee occurring within the scope of the employee's employment must be brought against the state. 2. A state employee is not personally liable for money damages for an …
N.D.C.C. § 32-12.2-04 Notice required - Payment of claims
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1. a. A person bringing a claim against the state or a state employee for an injury shall present to the director of the office of management and budget within one hundred eighty days after the alleged injury is discovered or reasonably should have been discovered a written notic…
N.D.C.C. § 32-12.2-05 Arbitration of claims
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The director of the office of management and budget, in consultation with the head of the state entity involved and the attorney general, may agree to submit a claim covered by the state risk management fund to mediation or binding arbitration. If a claim is submitted to arbitrat…
N.D.C.C. § 32-12.2-06 Liability insurance - Reinsurance
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Upon approval of the director of the office of management and budget, an entity of the state may participate in a government self-insurance pool or may purchase insurance against liability of the entity and its employees for damages resulting from claims under this chapter. The d…
N.D.C.C. § 32-12.2-07 Risk management fund - Appropriation
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1. The director of the office of management and budget shall implement and administer a program of self-retention against liability for the state through the establishment of a risk management fund. Each entity of the state shall participate in the program by contributing the app…
N.D.C.C. § 32-12.2-08 Duties of director of the office of management and budget
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The director of the office of management and budget is responsible for determining the specifications for liability insurance or coverage for the state. The director shall require an insurance company or government self-insurance pool providing coverage for the state to guarantee…
N.D.C.C. § 32-12.2-09 Insurance no waiver of immunity
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No purchase of insurance or participation in a government self-insurance pool or self-retention fund by the state may be construed as a waiver of any immunity to suit.
N.D.C.C. § 32-12.2-10 Eleventh Amendment immunity preserved
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This chapter does not waive the state's immunity under the Eleventh Amendment to the United States Constitution in any manner, and this chapter may not be construed to abrogate that immunity.
N.D.C.C. § 32-12.2-11 Certain records relating to claims against the state or state employees privileged and exempt from open records law
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1. The following records in the possession of the office of management and budget or a public entity are privileged and exempt and are not subject to section 44-04-18 or section 6 of article XI of the Constitution of North Dakota: a. Records containing information relating to tha…
N.D.C.C. § 32-12.2-12 State agency loss control committee records and meetings privileged and exempt from open records and open meetings law
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The records of any state agency loss control committee addressing any pending or reasonably predictable claim are exempt from section 44-04-18 and are not open records under section 6 of article XI of the Constitution of North Dakota unless the director of the office of managemen…
N.D.C.C. § 32-12.2-13 Contract between the state and a political subdivision
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A contract between the state and a political subdivision may not contain a provision that requires one party to assume the liability of the other or the liability of a third party or to bear the costs of defense of actions against the other or against a third party.
N.D.C.C. § 32-12.2-14 Risk management motor vehicle crash review
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The department of transportation, in consultation with the risk management division, shall review all motor vehicle crashes or incidents in which a state employee is issued a traffic citation involving a state-owned or state-leased motor vehicle for purposes of making a remedial …
N.D.C.C. § 32-12.2-15 Contracts limiting liability to the state
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1. Notwithstanding any provision in this chapter to the contrary, an agency may agree to limit the liability of a contractor to the state if the agency determines such services or products cannot be effectively obtained without such limitation and the limitation does not pose any…
N.D.C.C. § 32-12.2-16 Ratifying contracts limiting liability to the state
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Any employee or official of an agency who enters a contract requiring the agency to limit the liability of the contracting party without first consulting with the office of management and budget and the attorney general's office will be deemed to be acting within the scope of the…
N.D.C.C. § 32-12.2-17 Indemnification and insurance requirements in state contracts
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1. The director of the office of management and budget shall establish guidelines for indemnification and insurance provisions in contracts that may be entered by an executive branch state agency. The director shall consult with representatives of executive branch state agencies,…
N.D.C.C. § 32-12.2-18 Student required driving in educational programs
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Upon request by any state institution of higher education, the office of management and budget, through the risk management fund, shall provide a defense and administer claims against students arising from the operation of a vehicle owned or leased by the state the operation of w…
N.D.C.C. § 32-12.2-19 Data breach response and remediation costs
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The director of the office of management and budget may pay from the risk management fund costs necessary for notification and remediation following a data breach involving a state entity. The director of the office of management and budget, in consultation with the information t…