(1) The Department of Human Services, the Department of Corrections and the Superintendent of Public Instruction may audit, allow and pay a claim for damage to property made by an employee of one of those agencies if:
(a) The damage to property arises out of the claimant’s employment at one of the institutions or facilities operated by the Department of Human Services or the Department of Corrections, or one of the schools operated by the Superintendent of Public Instruction under ORS 346.010; and
(b) The employee files a written claim with the employee’s employer within 180 days after the employee discovers or should have discovered the damage.
(2) No claim under subsection (1) of this section shall be paid:
(a) That exceeds, in the aggregate with payments of other claims, the moneys appropriated for such purpose.
(b) To the extent that the person incurring damage has been or may be compensated by liability insurance or otherwise.
(c) If the Department of Human Services, the Department of Corrections or the Superintendent of Public Instruction determines the cause or occasion of the accident resulting in damage is chargeable to the conduct or negligence of the party damaged. [1965 c.476 §§2,3; 1967 c.454 §89; 1969 c.597 §29; 1971 c.301 §15; 1987 c.320 §116; 1995 c.452 §1; 2007 c.858 §57]Section: Previous 179.115 179.120 179.122 179.130 179.140 179.150 179.160 179.210 179.220 179.230 179.240 179.250 179.310 179.320 179.321 Next
Last modified: August 7, 2008