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 12-310 – 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 12-301 – 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 12-306 – 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 […]