Chapter 04. Maryland Tort Claims Act—Actions
Regulation .01 Actions.LinkCopy Citation
A.
The Treasurer's denial of a claim under COMAR 25.02.03.08 is subject to review only pursuant to State Government Article, §12-108, Annotated Code of Maryland.
B.
An action shall be filed in the appropriate court within 3 years after the cause of action arises.
C.
Service of the complaint and accompanying documents is sufficient only if made on the Treasurer.
D.
An action may not be instituted unless the:
(1)
Plaintiff first has submitted a written claim to the Treasurer in accordance with COMAR 25.02.03 within 1 year after the injury, loss, or damage to person or property that is the basis of the claim; and
(2)
Treasurer has denied the claim finally in accordance with COMAR 25.02.03.08.
Chapter annotations
Authority: State Finance and Procurement Article, §§9-104 and 9-105; State Government Article, §12-101 et seq.; Annotated Code of Maryland
History: Effective date:
History: Regulation .01 adopted as an emergency provision effective March 10, 1987 (14:7 Md. R. 828), expired September 7, 1987 (Emergency provisions are temporary and not printed in COMAR)
History: Regulation .01, Maryland Tort Claims Act—Actions, adopted effective April 16, 1990 (17:7 Md. R. 853)
History: Regulation .01D amended effective January 12, 1998 (25:1 Md. R. 17)