§662-14 Exclusiveness of remedy.

378 words·~2 min read·/hi/chapter-662/662-14

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The authority of the State or any state agency to sue and be sued in its own name shall not be construed to authorize any other actions against the State or such agency on claims cognizable under this chapter, and the rights and remedies provided by this chapter and section 661-11 shall be exclusive.

(b)The remedy against the State provided by this chapter and section 661-11 for injury or loss of property, or personal injury or death, arising or resulting from the negligent or wrongful act or omission of any professionally licensed or certified employee of the State while acting within the course and scope of the employee's office or employment shall be exclusive whenever the State agrees to be fully liable for the injuries, losses, and damages caused by the negligent or wrongful act or omission of the professionally licensed or certified employee. Any civil action or proceeding for money damages arising out of or relating to the same subject matter against the employee or the employee's estate shall thereafter be precluded without regard to when the act or omission occurred; provided that claims based on liability arising from employment with an employer other than the State shall not be precluded. When an employee is named as a defendant in an individual capacity, the State may notify all parties in writing that the State is invoking exclusive liability by agreeing to be fully liable for the injuries, losses, and damages caused by the professionally licensed or certified employee, and the action or proceeding shall thereafter proceed against the State alone. The employee shall remain personally liable for those injuries, losses, and damages for which the State has not accepted responsibility.

(c ) Nothing in this section shall create a right, claim, or cause of action by an employee against the State if the State does not invoke exclusive liability .

(d)The State shall retain the right to seek reimbursement from an employee if, after invoking exclusive liability, the State discovers that the employee was not acting within the course and scope of the employee's office or employment. [L 1957, c 312, pt of §1; Supp, §245A-14; HRS §662-14; am L 1972, c 164, §2(d); am L 2022, c 44, §2]