Maryland Code, STATE GOVERNMENT 12-305
Terms Used In Maryland Code, STATE GOVERNMENT 12-305
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(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 officer or employee if:
(i) it is determined judicially that:
1. the defense of sovereign immunity is not available to the officer or employee;
2. the injuries arose out of an act or omission of the officer or employee; and
3. the act or omission was malicious or grossly negligent or, when the act or the omission was made, the officer or employee was not performing a duty within the scope of the employment of the officer or employee; and
(ii) the officer or employee did not give the Attorney General complete information or gave the Attorney General information that is false or misleading;
(2) authorizes collection of the reimbursement, as a debt due to the State;
(3) states that:
(i) this representation of the officer or employee does not constitute an obligation for the State to pay a settlement, if the claim is settled, or a judgment, if judgment is rendered against the officer or employee;
(ii) the State and its units are not responsible for payment of the judgment; and
(iii) the officer or employee is entitled to submit to the Board of Public Works an application for payment of a settlement or judgment;
(4) provides that:
(i) the Attorney General may not compromise or settle the claim against the officer or employee without the written consent of the officer or employee;
(ii) if the officer or employee will not consent, the Attorney General may withdraw the appearance in accordance with the appropriate court rules; and
(iii) the State is not responsible for any costs after the withdrawal; and
(5) includes any other provisions that the Attorney General considers necessary.