HARRY HUGHES, Governor

1613

5-406.

(A)  (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, AN ACTION MAY NOT BE INSTITUTED PURSUANT TO THIS
SUBTITLE UNLESS THE CLAIMANT HAS FIRST PRESENTED THE CLAIM
IN WRITING TO THE STATE TREASURER OR HIS DESIGNEE AND THE
CLAIM HAS BEEN DENIED IN WRITING SENT TO THE CLAIMANT BY
CERTIFIED OR REGISTERED MAIL. THE FAILURE OF THE STATE TO
MAKE FINAL DISPOSITION OF A CLAIM WITHIN 6 MONTHS OF RECEIPT
SHALL, AT THE OPTION OF THE CLAIMANT, BE DEEMED A FINAL
DENIAL OF THE CLAIM FOR PURPOSES OF THIS SECTION.

(2)  THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION DO NOT APPLY TO CLAIMS ASSERTED UNDER THE
MARYLAND RULES OF PROCEDURE BY CROSS-CLAIM OR COUNTERCLAIM.

(3)  THE FILING OF A CLAIM TOLLS THE APPLICABLE
STATUTE OF LIMITATIONS FOR A PERIOD OF 60 DAYS FOLLOWING A
FINAL DENIAL IF THE CLAIM WAS MADE WITHIN THE APPLICABLE
PERIOD OF LIMITATIONS.

(B)  CLAIMS FILED WITH THE STATE TREASURER AGAINST THE
STATE OR A STATE EMPLOYEE MUST CONTAIN:

(1)  A CONCISE STATEMENT OF FACTS SETTING FORTH
THE NATURE OF THE CLAIM, INCLUDING THE DATE AND PLACE OF THE
ALLEGED TORT;

(2)  A DEMAND FOR SPECIFIC DAMAGES;

(3)  THE NAMES AND ADDRESSES OF ALL PARTIES;

(4)  THE ADDRESS AND TELEPHONE NUMBER OF THE
CLAIMANT'S ATTORNEY. IF ANY; AND

(5)  THE SIGNATURE OF THE CLAIMANT OR HIS
ATTORNEY.

5-407.

(A)  EXCEPT AS OTHERWISE PROVIDED IN A CONTRACT OF
INSURANCE WITH A PRIVATE INSURANCE CARRIER, THE TREASURER
MAY CONSIDER, ASCERTAIN, ADJUST, DETERMINE, COMPROMISE, AND
SETTLE ANY CLAIM FOR MONEY DAMAGES BROUGHT UNDER THE TERMS
OF THIS SUBTITLE, AND MAY DELEGATE THIS AUTHORITY IN WHOLE
OR IN PART TO A STATE EMPLOYEE OF HIS DESIGNATION. THE
TREASURER MAY CONTRACT FOR ANY SUPPORT SERVICES NECESSARY TO
PROPERLY CARRY OUT THIS FUNCTION.

(B)  AN AWARD, COMPROMISE, OR SETTLEMENT PROPOSED BY
THE TREASURER MAY NOT BE EFFECTED WITHOUT THE PRIOR ADVICE
AND CONSULTATION OF THE ATTORNEY GENERAL.

(C)  ANY AWARD, COMPROMISE, OR SETTLEMENT MADE PURSUANT
TO THIS SECTION SHALL BE PAID THROUGH THE INSURANCE PROGRAM
AUTHORIZED UNDER SECTION 27 OF ARTICLE 95 OF THIS CODE.