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2007 Laws of Maryland
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Ch. 500
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ANY SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR LIABILITY FOR
ANY DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY THE INTENTIONAL OR
WILLFUL AND WANTON MISCONDUCT OF ANY SUCH PERSON.
(2) THE LIABILITY OF ANY COMMISSIONER, OR THE EMPLOYEE
OR AGENT OF A COMMISSIONER, ACTING WITHIN THE SCOPE OF SUCH PERSON'S
EMPLOYMENT OR DUTIES FOR ACTS, ERRORS, OR OMISSIONS OCCURRING
WITHIN SUCH PERSON'S STATE MAY NOT EXCEED THE LIMITS OF LIABILITY SET
FORTH UNDER THE CONSTITUTION AND LAWS OF THAT STATE FOR STATE
OFFICIALS, EMPLOYEES, AND AGENTS. NOTHING IN THIS SUBSECTION SHALL BE
CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR LIABILITY FOR ANY
DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY THE INTENTIONAL OR
WILLFUL AND WANTON MISCONDUCT OF ANY SUCH PERSON.
(3) THE INTERSTATE COMMISSION SHALL DEFEND THE
EXECUTIVE DIRECTOR OR THE EMPLOYEES OR REPRESENTATIVES OF THE
INTERSTATE COMMISSION AND, SUBJECT TO THE APPROVAL OF THE ATTORNEY
GENERAL OF THE STATE REPRESENTED BY ANY COMMISSIONER OF A
COMPACTING STATE, SHALL DEFEND SUCH COMMISSIONER OR THE
COMMISSIONER'S REPRESENTATIVES OR EMPLOYEES IN ANY CIVIL ACTION
SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT,
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF INTERSTATE
COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES, OR THAT THE
DEFENDANT HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES, OR
RESPONSIBILITIES; PROVIDED, THAT THE ACTUAL OR ALLEGED ACT, ERROR, OR
OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND WANTON
MISCONDUCT ON THE PART OF SUCH PERSON.
(4) THE INTERSTATE COMMISSION SHALL INDEMNIFY AND HOLD
THE COMMISSIONER OF A COMPACTING STATE, OR THE COMMISSIONER'S
REPRESENTATIVES OR EMPLOYEES, OR THE INTERSTATE COMMISSION'S
REPRESENTATIVES OR EMPLOYEES, HARMLESS IN THE AMOUNT OF ANY
SETTLEMENT OR JUDGMENT OBTAINED AGAINST SUCH PERSONS ARISING OUT
OF ANY ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED
WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES, OR
RESPONSIBILITIES, OR THAT SUCH PERSONS HAD A REASONABLE BASIS FOR
BELIEVING OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION
EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED, THAT THE ACTUAL
OR ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM INTENTIONAL
OR WILLFUL AND WANTON MISCONDUCT ON THE PART OF SUCH PERSONS.
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- 3272 -
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