|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2007 Laws of Maryland
|
|
|
|
|
|
Ch.3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
authority or its designee" is substituted for the former reference to "the
county or Baltimore City" for consistency with § 3-301(d) of this title.
Defined terms: "County" § 1-101
"Department" § 3-101
"Local board" § 3-101
"Local department" § 3-101
"Local director" § 3-101
"Local governing authority" § 3-101
"Secretary" § 3-101
SUBTITLE 6. MISCELLANEOUS PROVISIONS.
3-601. LEGAL SERVICES TO LOCAL DEPARTMENTS.
(A) REPRESENTATION OF LOCAL DEPARTMENT.
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
ATTORNEY TO, OR AN ATTORNEY DESIGNATED BY, THE LOCAL GOVERNING
AUTHORITY IN EACH COUNTY SHALL INSTITUTE AND DEFEND EACH CIVIL ACTION
IN WHICH THE LOCAL DEPARTMENT IS A PARTY.
(2) EST CECIL COUNTY, THE LOCAL DEPARTMENT MAY SECURE THE
SERVICES OF ATTORNEYS TO REPRESENT IT IN ALL LEGAL MATTERS AFFECTING THE
LOCAL DEPARTMENT.
(B) INSTITUTION OF ACTION.
ACTIONS IN WHICH THE LOCAL DEPARTMENT IS A PARTY SHALL BE
INSTITUTED IN THE NAME OF THE LOCAL DEPARTMENT.
(C) ATTORNEYS FEES.
(1) THE COURT MAY AWARD ATTORNEYS FEES TO AN ATTORNEY
REPRESENTING A LOCAL DEPARTMENT IN AN ACTION TO RECOVER:
(I) FROM THE ESTATE OF A RECIPIENT OF ANY TYPE OF PUBLIC
ASSISTANCE, THE AMOUNT PAID TO THE RECIPIENT DURING THE RECIPIENTS
LIFETIME; OR
(II) FROM A RECIPIENT OF ANY TYPE OF PUBLIC ASSISTANCE, THE
AMOUNT PAID TO THE RECIPIENT BEFORE THE RECIPIENT RECEIVES ANY PROPERTY
OR INCOME IN EXCESS OF THE AMOUNT STATED IN THE RECIPIENT'S APPLICATION
FOR ASSISTANCE AND IN EXCESS OF THE RECIPIENTS NEED.
(2) THE AMOUNT OF FEES AWARDED BY THE COURT SHALL BE
DEDUCTED FROM THE GROSS AMOUNT OF THE RECOVERY IN THE ACTION.
(3) THE NET AMOUNT OF THE RECOVERY SHALL BE TURNED OVER TO
THE LOCAL DEPARTMENT TO BE DIVIDED AMONG THE STATE, THE COUNTY, AND THE
FEDERAL GOVERNMENT IN PROPORTION TO THE AMOUNT PAID BY EACH.
(D) OTHER LEGAL SERVICES.
|
|
|
|
|
|
|
|
|
|
- 70 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
