Under what condition can a plaintiff file suit after giving notice to the Department of Administrative Services?

In Georgia, when a plaintiff submits a claim to the Department of Administrative Services, the proper procedure dictates that they can file a lawsuit after the claim is either denied or if 90 days have elapsed since the notice was given. This allows the department time to evaluate and respond to the claim adequately. If the claim is denied, it clearly provides grounds for the plaintiff to seek judicial relief. Additionally, if the department does not respond within the stipulated 90-day period, the plaintiff is not left without recourse and can proceed with filing suit, aiming to protect their right to seek compensation for their damages.

This procedure is significant as it establishes a formal avenue for addressing claims against state entities, thus ensuring a systematic approach to dispute resolution. The requirement for either a denial or the lapse of time underscores the importance of the notice process in public claims while safeguarding the rights of claimants.