|
The Government Claims Program (GCP) processes claims for money or damages against the state. This function was vested in 1911 with the State Board of Control, the predecessor to the VCGCB. In general, anyone who wishes to file a lawsuit against the State or its employees for damages must first pursue an administrative remedy through the GCP claims process. Only if the claim is rejected or denied may the claim be pursued through the courts.
Review and Processing of Claims
When the GCP receives a claim, staff determines if it meets criteria for sufficiency, jurisdiction and timeliness. Often, the program works closely with the department against which the claim is filed in an effort to resolve the matter. If a resolution cannot be reached, then staff develops a recommendation based on the case facts and input from the affected department. The three-member Victim Compensation and Government Claims Board (Board) acts on the recommendation during a public meeting where those involved in the claim are given the opportunity to comment.
Caltrans handles claims for $5,000 or less directly.
Payment of Claims
If the Board approves a claim, payment is made either by the affected department from existing funds or through an appropriation established by legislation (an annual omnibus claims bill) approved by the Legislature and signed by the Governor.
Claims for Erroneously Convicted Felons
Pursuant to Penal Code sections 4900 and following, the Victim Compensation and Government Claims Board reviews claims from persons who claim to have been erroneously convicted of a felony and incarcerated in a California state prison. A claim form is available here: PC4900 Claim Form  . Please use this form when submitting a claim.
|
