WILLIAM DONALD SCHAEFER, Governor Ch. 506

(1)   the State personnel submits to the Board a
written application that sets forth each reason of the State
personnel for believing the settlement or judgment is a
responsibility of the State;

(2)   the Board or a hearing officer that the Board
appoints holds a hearing on the application;

(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.

[12-406.

(a)  (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.

(2) The Board of Public Works may make the payment in
lump sum or in installments.

(b)  The Board of Public Works shall state, in writing, its
reasons for approval or disapproval of the application, including
its findings under § 12-405(5) of this subtitle.

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