1436

LAWS OF MARYLAND

Ch. 284

(1)  THE STATE OFFICER OR STATE EMPLOYEE SUBMITS TO
THE BOARD A WRITTEN APPLICATION FOR REIMBURSEMENT; AND

(2)  THE ATTORNEY GENERAL CERTIFIES THAT:

(I)  THE APPLICANT RETAINED COUNSEL;

(II)  THE APPLICANT GAVE THE ATTORNEY GENERAL
WRITTEN NOTICE PROMPTLY AFTER COUNSEL WAS RETAINED; AND

(III)  AFTER REVIEW OF THE EVIDENCE AND OTHER
INFORMATION, THE ATTORNEY GENERAL OR A DESIGNEE APPOINTED UNDER
THIS SECTION MADE THE FOLLOWING DETERMINATIONS:

1.  IN CONNECTION WITH THE MATTER UNDER
CRIMINAL INVESTIGATION, THE APPLICANT DISCHARGED THE PUBLIC
RESPONSIBILITIES IN GOOD FAITH, DID NOT ENGAGE IN UNLAWFUL
CONDUCT, AND WAS REASONABLE IN RETAINING COUNSEL AND INCURRING
THE EXPENSES FOR WHICH REIMBURSEMENT IS SOUGHT; OR

2.  IN CONNECTION WITH THE MATTER THAT WAS
THE SUBJECT OF CRIMINAL CHARGES, THE APPLICANT DISCHARGED THE
PUBLIC RESPONSIBILITIES IN GOOD FAITH AND INCURRED REASONABLE
EXPENSES.

(B)  EXCEPTION.

NOTWITHSTANDING SUBSECTION (A)(2)(II) OF THIS SECTION, THE
BOARD OF PUBLIC WORKS MAY PROVIDE REIMBURSEMENT TO AN APPLICANT
WHO FAILS TO GIVE THE ATTORNEY GENERAL NOTICE PROMPTLY AFTER
COUNSEL IS RETAINED IF THE BOARD DETERMINES THAT THE FAILURE IS
FOR GOOD CAUSE.

(C)  DESIGNEE.

IF THE ATTORNEY GENERAL BELIEVES THAT IT WOULD BE
INAPPROPRIATE FOR THE ATTORNEY GENERAL TO MAKE THE DETERMINATIONS
UNDER SUBSECTION (A)(2)(III) OF THIS SECTION, THE ATTORNEY
GENERAL OR THE BOARD OF PUBLIC WORKS MAY DESIGNATE OTHER COUNSEL
TO CARRY OUT THAT DUTY.

(D)  REVIEW PROHIBITED.

THE DETERMINATIONS OF THE ATTORNEY GENERAL OR DESIGNEE UNDER
THIS SECTION ARE NOT SUBJECT TO JUDICIAL REVIEW.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 32A, §
12-I(d), (e), the second sentence and the first clause
of the first sentence of (b), the second sentence and
first clause of the first sentence of (c), and the
second sentence of (g), as that sentence related to
the Attorney General.