Section 12-301 – Scope of Subtitle
This subtitle does not apply to: (1) the Public Service Commission; (2) a local board of elections; (3) the Baltimore City Board of School Commissioners or a county board of education; or (4) any other county officer or unit.
Section 12-304 – Appearance of Attorney General
(a) (1) Except as otherwise provided in this Part II of this subtitle, the Attorney General shall appear in a civil action or special proceeding against a State officer or State employee to represent the officer or employee if: (i) the action or proceeding is in a court of the State or of the United States; (ii) the officer […]
Section 12-305 – Agreement for Representation
Before a State officer or State employee may be represented under this Part II of this subtitle, the Attorney General shall have the officer or employee enter into an agreement that: (1) enables the Attorney General to require, from the officer or employee, reimbursement of court costs, reasonable counsel fees, and other expenses in representing the […]
Section 12-103.1 – Members or Employees of Board of Supervisors of Soil Conservation Districts
The provisions governing the tort immunity of a member or employee of a board of supervisors of a soil conservation district are found in § 5-517 of the Courts and Judicial Proceedings Article.
Section 12-306 – Scope and Effect of Representation
(a) Representation under this Part II of this subtitle includes the right to assert a counterclaim or to assert or defend against a third party claim for the officer or employee. (b) The representation does not deprive any State officer, State employee, or unit of the State government of any sovereign immunity that is available to the […]
Section 12-103.2 – Montgomery County
(a) In this section, “tort claim” means a tort claim filed in State court relating to the administration of a State program under Title 3, Subtitle 4 of the Human Services Article by the Montgomery County government. (b) (1) A tort claim shall be considered, defended, settled, and paid in the same manner as any other claim covered […]
Section 12-307 – Confidentiality of Information
Information that the Attorney General obtains under § 12-304(a)(1)(iii) of this subtitle is confidential and inadmissible as evidence in any legal action or special proceeding. Reference to the information may not be made in any hearing or trial.
Section 12-104 – Waiver of Immunity
(a) (1) Subject to the exclusions and limitations in this subtitle and notwithstanding any other provision of law, the immunity of the State and of its units is waived as to a tort action, in a court of the State, to the extent provided under paragraph (2) of this subsection. (2) (i) Except as provided in subparagraph (ii) of […]
Section 12-308 – Required Findings
(a) If an action or special proceeding against a State officer or State employee in which the Attorney General has declined representation under § 12-304(b)(1) of this subtitle results in final judgment, the court or jury shall find whether: (1) the defense of sovereign immunity is available to the officer or employee; (2) the officer or employee was […]
Section 12-105 – Immunity of State Personnel
State personnel shall have the immunity from liability described under § 5-522(b) of the Courts and Judicial Proceedings Article.