1430

LAWS OF MARYLAND

Ch. 284

(I)  IT IS DETERMINED JUDICIALLY THAT:

1.  THE DEFENSE OF SOVEREIGN IMMUNITY IS
NOT AVAILABLE TO THE OFFICER OR EMPLOYEE;

2.  THE INJURIES AROSE OUT OF AN ACT OR
OMISSION OF THE OFFICER OR EMPLOYEE; AND

3.  THE ACT OR OMISSION WAS MALICIOUS OR
GROSSLY NEGLIGENT OR, WHEN THE ACT OR THE OMISSION WAS MADE, THE
OFFICER OR EMPLOYEE WAS NOT PERFORMING A DUTY WITHIN THE SCOPE OF
THE EMPLOYMENT OF THE OFFICER OR EMPLOYEE; AND

(II)  THE OFFICER OR EMPLOYEE DID NOT GIVE THE
ATTORNEY GENERAL COMPLETE INFORMATION OR GAVE THE ATTORNEY
GENERAL INFORMATION THAT IS FALSE OR MISLEADING;

(2)  AUTHORIZES COLLECTION OF THE REIMBURSEMENT, AS A
DEBT DUE TO THE STATE, THROUGH AN APPROPRIATE JUDICIAL
PROCEEDING;

(3)  STATES THAT:

(I)  THIS REPRESENTATION OF THE OFFICER OR
EMPLOYEE DOES NOT CONSTITUTE AN OBLIGATION FOR THE STATE TO PAY A
SETTLEMENT, IF THE CLAIM IS SETTLED, OR A JUDGMENT, IF JUDGMENT
IS RENDERED AGAINST THE OFFICER OR EMPLOYEE;

(II)  THE STATE AND ITS UNITS ARE NOT
RESPONSIBLE FOR PAYMENT OF THE JUDGMENT; AND

(III)  THE OFFICER OR EMPLOYEE IS ENTITLED TO
SUBMIT TO THE BOARD OF PUBLIC WORKS AN APPLICATION FOR PAYMENT OF
A SETTLEMENT OR JUDGMENT;

(4)  PROVIDES THAT:

(I)  THE ATTORNEY GENERAL MAY NOT COMPROMISE OR
SETTLE THE CLAIM AGAINST THE OFFICER OR EMPLOYEE WITHOUT THE
WRITTEN CONSENT OF THE OFFICER OR EMPLOYEE;

(II)  IF THE OFFICER OR EMPLOYEE WILL NOT
CONSENT, THE ATTORNEY GENERAL MAY WITHDRAW THE APPEARANCE IN
ACCORDANCE WITH THE APPROPRIATE COURT RULES; AND

(III)  THE STATE IS NOT RESPONSIBLE FOR ANY
COSTS AFTER THE WITHDRAWAL; AND

(5)  INCLUDES ANY OTHER PROVISIONS THAT THE ATTORNEY
GENERAL CONSIDERS NECESSARY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 32A, §
12F.