1442                                        LAWS OF MARYLAND                                    Ch. 284

(3)  AS TO A JUDGMENT, IT WAS RENDERED BY A COURT OF
COMPETENT JURISDICTION;

(4)  AS TO AN APPLICANT FOR WHOM THE ATTORNEY GENERAL
APPEARED UNDER SUBTITLE 3 OF THIS TITLE, THE ATTORNEY GENERAL
FILES A WRITTEN REPORT AND RECOMMENDATION;

(5)  ON THE BASES OF THE HEARING AND ANY REPORT AND
RECOMMENDATION, THE BOARD FINDS THAT:

(I)  WHEN THE ACT OR OMISSION WAS MADE, THE
APPLICANT WAS PERFORMING A DUTY WITHIN THE SCOPE OF THE
EMPLOYMENT OF THE APPLICANT;

(II)  THE ACT OR OMISSION WAS NOT MALICIOUS; AND

(III)  THE ACT OR OMISSION WAS NOT GROSSLY
NEGLIGENT; AND

(6)  IF THERE IS ANY QUESTION WHETHER THE APPLICANT IS
STATE PERSONNEL FOR PURPOSES OF THIS SUBTITLE, THE BOARD FINDS
THAT, REGARDLESS OF THE METHOD, SOURCE, OR AMOUNT OF
COMPENSATION, THE APPLICANT IS STATE PERSONNEL.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 78A, §
16C(d)(3) and (b)(3)(i) through (iii), the first
sentence of (4), and the reference to a court in (1).

In item (4) of this section, the word "recommendation"
is added to clarify the reference to a report. This
addition conforms to practice.

The introductory language of item (5) of this section,
"on the bases of the hearing ... and recommendation,"
is added for clarity.

Defined term: "State personnel" § 12-401

12-406. APPROVAL OR DISAPPROVAL.

(A) SOURCES AND FORM OF PAYMENT.

(1) THE BOARD OF PUBLIC WORKS MAY PAY A SETTLEMENT OR
JUDGMENT FROM:

(I)  THE GENERAL EMERGENCY FUND;

(II)  MONEY APPROPRIATED FOR THAT PURPOSE IN THE
STATE BUDGET; OR

(III)  MONEY APPROPRIATED TO THE STATE INSURANCE
TRUST FUND FOR THAT PURPOSE.