Every public entity is required to appoint and designate an agent to receive claims. In the 2006 session, the Legislature passed additional punitive measures for failure to comply with appointing and recording a designated agent to receive claims. As of 2006, these measures have significant negative impact on local government entities. If members have not filed an appointment of agent as required by the law, please click here to download a sample resolution. Documents MUST meet specific criteria concerning content and formatting and be recorded with your county Auditor’s office. These requirements are found in RCW 65.04.045.
RCW 4.96.020 states the name, address, and business hours of the agent of the local governmental entity appointed to receive the claim must be on the Claim for Damage form.
If the entity fails to provide the information required, or incorrectly lists the agent with whom the claim is to be filed, the local governmental entity is deemed to have waived any defense related to the failure to provide that specific information or to present the claim to the proper designated agent.
