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Session Laws, 1989
Volume 771, Page 3179   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 506

(2) The deputy attorney general, assistant attorney
general, special attorney, or law clerk shall perform the
assigned duty, subject to the control of the Attorney General.

12-305.

Before a State officer or State employee may be represented
under this Part II of this subtitle, the Attorney General shall
have the officer or employee enter into an agreement that:

(1)  enables the Attorney General to require, from the
officer or employee, reimbursement of court costs, reasonable
counsel fees, and other expenses in representing the officer or
employee if:

(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:

- 3179 -

 

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Session Laws, 1989
Volume 771, Page 3179   View pdf image
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