Section 1225.220  Office of the Chief Counsel

The Office of Chief Counsel is responsible for providing legal counsel to the Department on both policy issues and proposed actions affecting any of its operating Divisions or staff Offices.  The Office is also responsible for the prosecution of all litigation involving the Department in cooperation with the Attorney General.  The Office of Chief Counsel, administers tort liability claims, property damage claims, uncollectable receivables, and processes lien and bond claims against contractors.  In addition, the Office coordinates the purchase and service of all insurance policies and administers the Department's self-insurance program.

a)         Legal Services is responsible for advising other Divisions and Offices within the agency concerning all legal matters; representing the Department in legally related matters with the Governor's Office, and other State agencies, Federal and local governmental offices and the general public. Legal Services reviews the legal aspects of the Department's legislative programs and reviews new Federal and State legislation, court decisions, and Attorney General's opinions for the legal aspects of their effect on Department operations and drafts and negotiates contracts with outside entities.  In conjunction with the Attorney General, Legal Services directs the Department's position and strategy in all major judicial and administrative proceedings.

b)         The Bureau of Claims represents the Department in the areas of property claims, third party torts, uncollected accounts receivable, claims against contractor performance and payment bonds and liens against public funds, including the processing and pretrial preparation of actions filed against the Department in the Court of Claims.  The Bureau is responsible for administration of risk management for the Department including coordination of insurance purchases, management of self-insurance programs, and approval of indemnity or hold harmless agreements in various contracts.