Section 12-403 – Scope of Subtitle
(a) This subtitle does not affect any immunity or other defense that is available to State personnel or the State. (b) Payment of a settlement or judgment under this subtitle does not abrogate the sovereign immunity of the State, any of its units, or State personnel.
Section 12-404 – Payment Authorized
Subject to the limitations in this subtitle, the Board of Public Works may: (1) pay wholly or partly a settlement or judgment against the State or any State personnel; and (2) include, in the payment, counsel fees and costs.
Section 12-405 – Limitations
(a) The application requirements enumerated in subsection (b)(5) of this section do not apply to claims relating to: (1) courthouse security; (2) service of process; (3) the transportation of inmates to or from court proceedings; (4) personnel and other administrative activities; (5) activities, including activities relating to law enforcement functions, arising under a multijurisdictional agreement under the supervision and direction of […]
Section 12-406 – Applicability of Subtitle 5
Payments under this subtitle shall be made in accordance with the provisions of Subtitle 5 of this title.
Section 12-501 – Duties of Board of Public Works Regarding Payments
(a) (1) The Board of Public Works may approve payment of a settlement, a judgment, or counsel fees under Subtitles 3 and 4 of this title with or without a hearing, and direct payment from: (i) money appropriated for that purpose in the State budget; (ii) money appropriated to the State Insurance Trust Fund for that purpose; or (iii) the […]
Section 12-310 – Reimbursement by State
(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 […]
Section 12-313 – Restrictions on Representation
The Attorney General may not represent or appoint or provide counsel to represent a State officer or State employee: (1) in any investigation of the officer or employee by a criminal law enforcement agency; or (2) in any criminal action against the officer or employee in a court of the State or the United States.
Section 12-314 – Reimbursement Authorized
Subject to the limitations in this Part III of this subtitle, the Board of Public Works may approve reimbursement of a State officer or State employee or otherwise pay for reasonable counsel fees that the officer or employee incurred: (1) in connection with a criminal investigation into conduct as an officer or employee if the investigation […]
Section 12-315 – Limitations
(a) The Board of Public Works may not provide reimbursement or payment under this Part III of this subtitle unless: (1) the State officer or State employee submits to the Board a written application for reimbursement; and (2) the Attorney General certifies that: (i) the applicant retained counsel; (ii) the applicant gave the Attorney General written notice promptly after counsel […]
Section 12-316 – General Powers
As a condition to providing reimbursement under this Part III of this subtitle, the Board of Public Works or the Attorney General may require an applicant: (1) to answer questions under oath; and (2) to provide any information on the matter that was under criminal investigation or the subject of criminal charges.