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.
Section 12-318 – Subrogation
If the officer or employee is awarded money in an action for false arrest, malicious prosecution, or other cause that arises from the investigation or charges, the State is subrogated to the extent of any reimbursement under this Part III of this subtitle.
Section 12-401 – “State Personnel” Defined
In this subtitle, “State personnel” means: (1) a regular employee of the State whose compensation: (i) is provided by a State appropriation; or (ii) is paid wholly or partly from State funds; (2) an employee who is under the jurisdiction of the Department of Budget and Management; (3) an officer, warrant officer, or enlisted member of the organized militia; (4) an […]
Section 12-402 – Legislative Findings
The General Assembly finds that: (1) the State is a unique body because: (i) the State is a sovereign political body that the people have established directly for the sole purpose of providing for their government; and (ii) the revenue of the State derives principally from taxes on the people, rather than from commercial enterprise; (2) State personnel who […]
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 […]