R907-63-5. Department Settlement Policy

  (1) The Department's intent is to secure full recovery from the responsible party(s) based on the full actual cost of such repairs to the structure or highway system damaged including all indirect costs associated with or resulting from an occurrence.

  (2) The Department may at its discretion elect to accept settlement based on detailed engineering estimates and any direct or indirect costs associated with or resulting from an occurrence when the Department determines that it is in the best interest of the motoring public and tax payers to delay or forgo repairs to the damaged structures or highway system.

  (3) Settlements shall conform to the requirements of the State Settlement Agreements Act, Sections 63G-10-101 through 503.

  (4) The Department may submit to the Attorney General any claim for recovery, which is in dispute, requesting legal action be taken to recover the State's losses and settle such claims based on the laws of liability or as directed by the courts.