Section 42398 - Claims Against the California State University Under the Government Claims Act(a) Claims for money damages against the California State University or a California State University employee shall be presented to the Office of the Chancellor, Risk Management & Public Safety at the following address in accord with the requirements of Government Code section 900 et seq.: THE CALIFORNIA STATE UNIVERSITY
OFFICE OF THE CHANCELLOR, RISK MANAGEMENT & PUBLIC SAFETY
401 GOLDEN SHORE, 5TH FLOOR
LONG BEACH, CA 90802-4210
(b) The Office of the Chancellor, Risk Management & Public Safety shall impose a $25 administrative fee for each claimant. The administrative fee may be waived if the claimant demonstrates a sufficient showing of financial hardship. This administrative fee shall be refunded, if the claim is allowed in whole or in part.(c) The Office of the Chancellor, Risk Management & Public Safety shall maintain and make available on its website claim forms and applications for administrative fee waivers. Claimants are not required to use the California State University claim form so long as they provide the following information: (1) The name and address of the claimant.(2) The address to which the claimant desires notices to be sent.(3) The date, place and other circumstances which gave rise to the claim asserted.(4) A general description of the loss incurred.(5) The name or names of the California State University employee or employees causing the loss, if known.(6) The amount claimed, including any estimated amount of prospective loss, together with the basis of computation for those amounts. If the amount claimed and/or the prospective loss is unknown, the claimant shall state whether those amounts are believed to exceed $25,000. The claim shall be signed by the claimant or by some person on his/her behalf.
(d) The Office of the Chancellor, Risk Management & Public Safety shall be responsible for acting on any claim presented to the California State University. Any action on a claim shall be consistent with the provisions of the Government Claims Act.(e) For purposes of determining whether a claim was commenced within the period provided under the Government Code, the date the claim was presented to the California State University is: (1) The date the claim is postmarked and the twenty-five dollar ($25) administrative fee is paid, whichever occurred later.(2) If a fee waiver is granted, the date the claim was presented with the application requesting the fee waiver.(3) If a fee waiver is denied, the date the claim was presented with the application requesting the fee waiver, provided the filing fee is paid to the California State University within 10 calendar days of the mailing of the notice of the denial of the fee waiver.Cal. Code Regs. Tit. 5, § 42398
1. New article 16 (section 42398) and section filed 2-22-2011; operative 2-22-2011 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2011, No. 8). Note: Authority cited: Section 89030, Education Code. Reference: Section 912.5, Government Code.
1. New article 16 (section 42398) and section filed 2-22-2011; operative 2-22-2011 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2011, No. 8).