---
title: O.C.G.A. § 28-5-81. Notice of possibility of claims to be filed by state departments and agencies; effect of filing of notice and of failure to file notice.
collection: code
id: 28-5-81
cite_as: O.C.G.A. § 28-5-81 (2025)
canonical_url: https://georgiacommons.org/code/28-5-81
md_url: https://georgiacommons.org/code/28-5-81.md
text_url: https://georgiacommons.org/code/28-5-81/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t27-t30-(v22)-2018-pdf.pdf?sfvrsn=f493d811_0#page=365
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/28-5.md
previous: https://georgiacommons.org/code/28-5-80.md
next: https://georgiacommons.org/code/28-5-82.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: GENERAL ASSEMBLY / FINANCIAL AFFAIRS / CLAIMS ADVISORY BOARD / CLAIMS AGAINST STATE OR DEPARTMENTS OR AGENCIES
---

# O.C.G.A. § 28-5-81. Notice of possibility of claims to be filed by state departments and agencies; effect of filing of notice and of failure to file notice.

It shall be the duty of each state department and agency to file with the Claims Advisory Board a notice of possibility of claim covering any occurrence which would be the subject of a notice of claim as provided in Code Section 28-5-80. Such notice of possibility of claim shall be filed on forms provided by the Claims Advisory Board and furnished to each state department and agency upon request. It shall be the duty of each state department and agency to file a notice of possibility of claim within 30 days after the date of any such occurrence. If filed within the same time limitations provided relative to the filing of notices of claim as provided in Code Section 28-5-80, a notice of possibility of claim shall be sufficient for action to be taken thereon; and the fact that no notice of claim has been filed within the time provided shall not prevent the introduction of a resolution and action thereon as provided in this part.

## History

Ga. L. 1969, p. 824, § 1.

## Cross References

Insuring and indemnification of public officers and employees generally, § 45-9-1 et seq.

## Law Reviews

For article, ‘‘Personal Liability of State Officials Under State and Federal Law,’’ see 9 Ga. L. Rev. 821 (1975).