3694

LAWS OF MARYLAND

Ch. 781

(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] COUNSEL FEES 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] COUNSEL FEES.

12-317.

(a) The Board of Public Works may act on the application
for reimbursement of [legal expenses] COUNSEL FEES without a
hearing.

(b) The Board of Public Works may pay reimbursement of
counsel fees from:

(1) the General Emergency Fund;

(2) money appropriated for that purpose in the State
budget; or

(3) money appropriated to the State Insurance Trust
Fund for that purpose.

(c) If the Board of Public Works disapproves reimbursement
wholly or partly, the Board shall state, in writing, its reasons
for the disapproval.

(d) A decision of the Board of Public Works under this Part
III of this subtitle is not subject to judicial review.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect October 1, 1984.

Approved May 29, 1984.