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<section article="gsg" article_name="State Government" number="12-305" title_number="12" title_name="Immunity and Liability" subtitle_number="3">
  <text>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:</text>
  <level label="1">
    <text>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:</text>
    <level label="i">
      <text>it is determined judicially that:</text>
      <level label="1">
        <text>the defense of sovereign immunity is not available to the officer or employee;</text>
      </level>
      <level label="2">
        <text>the injuries arose out of an act or omission of the officer or employee; and</text>
      </level>
      <level label="3">
        <text>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</text>
      </level>
    </level>
    <level label="ii">
      <text>the officer or employee did not give the Attorney General complete information or gave the Attorney General information that is false or misleading;</text>
    </level>
  </level>
  <level label="2">
    <text>authorizes collection of the reimbursement, as a debt due to the State;</text>
  </level>
  <level label="3">
    <text>states that:</text>
    <level label="i">
      <text>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;</text>
    </level>
    <level label="ii">
      <text>the State and its units are not responsible for payment of the judgment; and</text>
    </level>
    <level label="iii">
      <text>the officer or employee is entitled to submit to the Board of Public Works an application for payment of a settlement or judgment;</text>
    </level>
  </level>
  <level label="4">
    <text>provides that:</text>
    <level label="i">
      <text>the Attorney General may not compromise or settle the claim against the officer or employee without the written consent of the officer or employee;</text>
    </level>
    <level label="ii">
      <text>if the officer or employee will not consent, the Attorney General may withdraw the appearance in accordance with the appropriate court rules; and</text>
    </level>
    <level label="iii">
      <text>the State is not responsible for any costs after the withdrawal; and</text>
    </level>
  </level>
  <level label="5">
    <text>includes any other provisions that the Attorney General considers necessary.</text>
  </level>
</section>
