Ch. 506

LAWS OF MARYLAND

(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.

12-310.

(a)  This section does not apply to the extent that a State
officer or State employee is reimbursed under § 12-309 of this
subtitle.

(b)  The State is liable to a State officer or State
employee for reimbursement of court costs, counsel fees, and
other reasonable expenses that the officer or employee incurs in
defending an action or proceeding if:

(1)  the Attorney General declined representation
under § 12-304(b)(l) of this subtitle; and

(2)   it is determined judicially that:

(i) the defense of sovereign immunity is
available to the officer or employee; or

(ii) injuries arose from an act or omission of
the officer or employee and, when the act or the omission was
made, the officer or employee was acting within the scope of
employment and the act or omission was not malicious and was not
grossly negligent.

[(c) With the approval of the Attorney General, the unit by
which the officer or employee was employed when the act or
omission was made shall pay the reimbursement under this
section.]

(C) REIMBURSEMENT UNDER THIS SECTION SHALL BE SUBJECT TO
THE PROVISIONS OF SUBTITLE 5 OF THIS TITLE.

12-314.

Subject to the limitations in this Part III of this
subtitle, the Board of Public Works may [reimburse] APPROVE
REIMBURSEMENT OF a State officer or State employee OR OTHERWISE

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