HARRY HUGHES, Governor

3399

UNITED STATES OR UNDER INVESTIGATION BY A CRIMINAL LAW
ENFORCEMENT AGENCY MAY NOT BE REPRESENTED IN THOSE
PROCEEDINGS BY THE ATTORNEY GENERAL OR BY COUNSEL APPOINTED
OR PROVIDED BY THE ATTORNEY GENERAL. REIMBURSEMENT OF
EXPENSES OF RETENTION OF COUNSEL IN CRIMINAL MATTERS MAY BE
SOUGHT FROM THE STATE AS PERMITTED IN THIS SECTION.

(B)  AN OFFICER OR EMPLOYEE OF THE STATE WHO RETAINS
COUNSEL AND INCURS EXPENSES IN CONNECTION WITH A CRIMINAL
INVESTIGATION OF HIS CONDUCT IN HIS STATE POSITION MAY APPLY
TO THE BOARD OF PUBLIC WORKS FOR REIMBURSEMENT OF REASONABLE
EXPENSES IF: (1) THE INVESTIGATION HAS CONCLUDED; AND
(2) CRIMINAL CHARGES HAVE NOT BEEN FILED AGAINST THE OFFICER
OR EMPLOYEE. REIMBURSEMENT OF REASONABLE EXPENSES MAY NOT
BE APPROVED BY THE BOARD UNLESS THE ATTORNEY GENERAL
CERTIFIES THAT: (1) THE OFFICER OR EMPLOYEE WHO WAS UNDER
INVESTIGATION DID RETAIN COUNSEL AND PROMPTLY NOTIFIED. THE
ATTORNEY GENERAL IN WRITING OF THIS RETENTION OF COUNSEL;
(2) THE ATTORNEY GENERAL IS SATISFIED AFTER A REVIEW OF ALL
EVIDENCE AND INFORMATION THAT THE OFFICER OR EMPLOYEE DID
NOT ENGAGE IN ANY UNLAWFUL CONDUCT AND DISCHARGED HIS PUBLIC
RESPONSIBILITIES IN GOOD FAITH IN CONNECTION WITH THE
MATTERS INVESTIGATED; AND (3) IT WAS REASONABLE FOR THE
OFFICER OR EMPLOYEE TO RETAIN COUNSEL AND INCUR THE EXPENSES
FOR WHICH REIMBURSEMENT IS SOUGHT.

(C)  AN OFFICER OR EMPLOYEE OF THE STATE WHO IS CHARGED
WITH A CRIMINAL OFFENSE RELATING TO HIS CONDUCT AS AN
OFFICER OR EMPLOYEE MAY APPLY TO THE BOARD OF PUBLIC WORKS
FOR REIMBURSEMENT OF REASONABLE EXPENSES INCURRED IN HIS
DEFENSE AGAINST THOSE CHARGES IF ALL CHARGES HAVE BEEN
FINALLY DISPOSED OF AND NONE RESULTED IN A PLEA OF NOLO
CONTENDERE OR GUILTY, OR A FINDING OF GUILT. REIMBURSEMENT
OF REASONABLE EXPENSES MAY NOT BE APPROVED BY THE BOARD
UNLESS THE ATTORNEY GENERAL CERTIFIES THAT: (1) THE OFFICER
OR EMPLOYEE WHO WAS UNDER INVESTIGATION OR CHARGED DID
RETAIN COUNSEL AND PROMPTLY NOTIFIED THE ATTORNEY GENERAL IN
WRITING OF THE RETENTION OF COUNSEL; (2) THE ATTORNEY
GENERAL IS SATISFIED AFTER A REVIEW OF ALL EVIDENCE AND
INFORMATION THAT THE OFFICIAL OR EMPLOYEE DISCHARGED HIS
PUBLIC RESPONSIBILITIES IN GOOD FAITH IN CONNECTION WITH THE
MATTERS WHICH WERE THE SUBJECT OF THE CHARGES; AND (3) THE
EXPENSES FOR WHICH REIMBURSEMENT IS SOUGHT ARE REASONABLE.

(D)  IF THE BOARD DETERMINES THAT AN APPLICANT'S
FAILURE TO STRICTLY COMPLY WITH THE REQUIREMENT FOR
NOTIFICATION OF THE ATTORNEY GENERAL WAS FOR GOOD CAUSE, THE
BOARD MAY APPROVE REIMBURSEMENT OF REASONABLE EXPENSES.

(E)  IF THE ATTORNEY GENERAL DETERMINES IN ANY CASE
THAT IT WOULD BE INAPPROPRIATE FOR HIM TO MAKE A
DETERMINATION REQUIRED BY SUBSECTIONS (B) OR (C), EITHER HE
OR THE BOARD MAY DESIGNATE ANOTHER ATTORNEY TO DO SO.