<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 25.02.02.03" title_num="25" subtitle_num="02" chapter_num="02" heading="Discretionary Payments.">
  <paragraph num="A.">
    <text>Within budgetary appropriations, the Treasurer may pay from the State Insurance Trust Fund all or part of that portion of a claim that exceeds the limits of purchased commercial insurance coverage obtained pursuant to Regulation .01 of this chapter under the following conditions:</text>
    <paragraph num="(1)">
      <text>The claim is consistent with the provisions of Regulation .02B and C of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A judgment or settlement has been entered granting the claimant damages greater than the limits of the purchased commercial insurance obtained pursuant to Regulation .01 of this chapter;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A request for a discretionary payment is submitted to the Treasurer within 60 days of entry of the settlement or judgment described in §A(2) of this regulation; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Board of Public Works, with the advice and counsel of the Office of the Attorney General, has approved the discretionary payment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A discretionary payment of part of a settlement or judgment pursuant to §A of this regulation:</text>
    <paragraph num="(1)">
      <text>Does not abrogate the sovereign immunity of the State beyond the waiver provided in Regulation .02 of this chapter; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is subject to the monetary limits of Regulation .02D of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Pursuant to State Government Article, §12-501(b), Annotated Code of Maryland, a decision of the Board of Public Works under §A(4) of this regulation is not subject to judicial review.</text>
  </paragraph>
</regulation>