reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 4 - Submission of Development Permit; State Master Application Form › Section 11-401 - Submission by Local Government

(a)    A local government that requires a development permit shall keep on file with the Coordinator and the Secretary of Housing and Community Development:
(1)    a current list of each type of development permit that the local government issues;
(2)    a description of the nature of each type of development permit;
(3)    the requirements and procedures for issuing each type of development permit; and
(4)    a copy of the application form for each type of development permit and the related instructions.
(b)    If a local government requires a new type of development permit or changes a requirement or application form for an existing type of development permit, the local government shall submit the information required by subsection (a) of this section as to that type of development permit within 30 days after the effective date of the new requirement or change.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 4 - Submission of Development Permit; State Master Application Form › Section 11-402 - State Master Application Form

(a)    If feasible and with the cooperation of each State unit that has authority to issue a development permit, the Coordinator shall develop a State master application form and appropriate appendices for use in applying for multiple development permits.
(b)    The State master application form and its appendices may be used instead of individual application forms.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 4 - Submission of Development Permit; State Master Application Form › Section 11-403 - Specifications for Form

The State master application form shall provide:
(1)    the basic information about a development project that is common to and needed by all or most of the State units that issue development permits; and
(2)    space in which to:
(i)    list each State unit from which a development permit is requested; and
(ii)    describe each development permit.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 4 - Submission of Development Permit; State Master Application Form › Section 11-404 - Appendices to Form

(a)    Each State unit that has authority to issue a development permit shall help the Coordinator to develop an appendix to the State master application form designed to supplement the information on the form and provide the particular information that the State unit needs to issue its development permit.
(b)    The form of the appendices shall be as similar as possible.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part I - Definitions; General Provisions › Section 11-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Consolidated hearing” means a hearing before State units from which development permits are required.
(c)    “Joint hearing” means a hearing before the local government and State units from which development permits are required.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part I - Definitions; General Provisions › Section 11-502 - Construction and Applicability of Subtitle

(a)    This subtitle may not be construed to require a hearing or to require a State unit to participate in a hearing on an application for a development permit before the State unit if the law governing the development permit involved does not require a hearing.
(b)    A State unit that does not hold a hearing on an application for a development permit shall proceed in accordance with the law and procedures applicable to the issuance of development permits by that State unit, except that the State unit shall act on the application within 60 days after receiving the completed application.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part II - Joint Hearings › Section 11-505 - Request Authorized

An applicant who requires a development permit from a local government and a development permit from a State unit may request a joint hearing before the local government and the State unit from which the development permits are required.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part II - Joint Hearings › Section 11-506 - Time and Form of Request

(a)    (1)    A request for a joint hearing shall be submitted to the local government when the application for the local development permit is submitted.
(2)    The request to the local government for a joint hearing shall be:
(i)    in writing; and
(ii)    accompanied by a copy of the application for each State development permit that is required.
(b)    (1)    At the time the request is made to the local government, the applicant shall send to the Coordinator:
(i)    a copy of the request for a joint hearing;
(ii)    a copy of the application for each local and State development permit that is required for the relevant development project; and
(iii)    a copy of any appendix to any application for a development permit.
(2)    The Coordinator shall send copies of the relevant parts of these documents to each State unit from which a development permit is requested.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part II - Joint Hearings › Section 11-507 - Local Government Decision

(a)    The local government may approve or disapprove the request for a joint hearing with respect to any or all of the State units.
(b)    (1)    Within 20 days after receiving a request for a joint hearing, the local government shall give written notice of its decision to the applicant and the Coordinator.
(2)    The Coordinator shall notify each State unit that the decision of the local government affects.
(c)    If the local government disapproves the request with respect to all of the State units, the local government shall proceed separately to consider the application for the local development permit.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part II - Joint Hearings › Section 11-508 - State Unit Decision on Request

(a)    If the local government approves the request for a joint hearing with respect to a State unit, that State unit has 10 days after receipt of the notice from the Coordinator to:
(1)    decide whether to participate in a joint hearing; and
(2)    give notice of its decision to:
(i)    the applicant;
(ii)    the local government; and
(iii)    the Coordinator.
(b)    The Coordinator shall give any other State unit involved in the hearing notice of a decision made by a State unit under subsection (a) of this section.
(c)    If there is only 1 State unit affected and the local government elects to have a joint hearing, the State unit shall participate in the joint hearing, unless it is entitled to an extension as provided in § 11-521 of this subtitle.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part II - Joint Hearings › Section 11-509 - Time, Date, and Place of Hearing

(a)    If a joint hearing is to be held, the local government that approved the request for the joint hearing shall set the time, date, and place of the hearing, as provided in this section.
(b)    The joint hearing shall be held in the county where the local government is located.
(c)    The joint hearing shall be held no less than 30 days and no more than 90 days after the notices required under § 11-508(a)(2) of this subtitle have been given.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part III - Consolidated Hearings › Section 11-512 - Request Authorized

An applicant may request a consolidated hearing:
(1)    if the applicant requires at least 2 development permits from State units; and
(2)    if:
(i)    the applicant does not require a local development permit;
(ii)    all required local development permits have been issued; or
(iii)    a required local development permit cannot be issued until 1 or more State development permits have been issued.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part III - Consolidated Hearings › Section 11-513 - Requests

(a)    An applicant who requests a consolidated hearing may give the Coordinator all appropriate applications and appendices.
(b)    The Coordinator shall send copies of the relevant parts of these documents to each State unit from which a development permit is required.
(c)    The request for a consolidated hearing shall be accompanied by a certificate that the requirements of § 11-512 of this subtitle are satisfied.
(d)    If an application for a State development permit has been submitted in connection with a request for a joint hearing, the application need not be resubmitted. However, if the State unit did not participate in the joint hearing, the applicant shall give the Coordinator notice of the action taken by the local government and shall submit the amendments to the State master application or appendices or additional material that are relevant to the consideration of the request for the State development permit. The Coordinator shall send copies of the relevant parts of the amendments, appendices, or additional material to each State unit that is affected.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part III - Consolidated Hearings › Section 11-514 - Action by Coordinator on Requests

On receipt of the State master application and appropriate appendices, or the information filed in accordance with § 11-513(d) of this subtitle, and after consulting with the affected State units, the Coordinator shall set the time, date, and place of a consolidated hearing with respect to all of the State development permits requested.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part III - Consolidated Hearings › Section 11-515 - Date and Place

(a)    Subject to this section and § 11-521 of this subtitle, the consolidated hearing shall be held no less than 30 days and no more than 90 days after the day on which the Coordinator receives the completed application and appendices or information.
(b)    (1)    Except as otherwise provided in this subsection, the consolidated hearing shall be held at a convenient location in the county where the development project is to be located.
(2)    If the development project is to be located in more than 1 county, the consolidated hearing shall be held in the county where the greatest part of the area to be developed is located.
(3)    If the development project is to be located in only 1 county but affects another county, the consolidated hearing shall be held in the county that the Coordinator determines will receive the greatest impact from the development project.
(4)    The Coordinator may hold additional hearings in another county or may continue the original hearing in another county.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part IV - Joint and Consolidated Hearings › Section 11-518 - Notices

(a)    (1)    On receiving notice of the time, date, and place of a joint hearing or consolidated hearing, the applicant shall give public notice of the application and hearing.
(2)    The notice shall be published once in each of 2 successive weeks before the hearing in a newspaper of general circulation in each county in which the development project is to be located.
(b)    The Coordinator shall publish notice of the application and hearing in the Maryland Register.
(c)    Each notice under this section shall contain:
(1)    a description of the development project, including its location, the land area involved, and the nature of the development project;
(2)    a list of the local and State units that will participate in the hearing and their post office addresses and telephone numbers;
(3)    a description of each development permit requested;
(4)    the time, date, and place of the hearing; and
(5)    if the hearing is a joint hearing with a local government or involves a unit of the federal government, any other information that the local government or federal unit requires.
(d)    In addition to the notices required by this section, if the law governing the issuance of a development permit requires that a person or governmental unit provide notice of an application or a hearing to a particular person or unit, that person or governmental unit shall do so in the manner required by that law.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part IV - Joint and Consolidated Hearings › Section 11-519 - Procedures

(a)    (1)    Each State unit participating in a joint hearing or consolidated hearing shall be represented at the hearing by the official who issues the development permit or that official’s designee.
(2)    The representative of a State unit at a joint hearing or consolidated hearing may participate fully in the hearing with respect to information, views, and supporting material relevant to the issuance of the development permit by the State unit.
(b)    (1)    An individual designated by the local government shall preside over a joint hearing.
(2)    The Coordinator, or a hearing examiner designated by the Coordinator, shall preside over a consolidated hearing.
(c)    At a joint hearing or consolidated hearing, the applicant may submit relevant information and material in support of an application for a development permit that is on the agenda for the hearing.
(d)    At a joint hearing or consolidated hearing, any person or governmental unit shall be given the opportunity to present relevant facts, evidence, or arguments for or against the granting of a development permit that is on the agenda for the hearing.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part IV - Joint and Consolidated Hearings › Section 11-520 - Post-Hearing Procedures

(a)    (1)    A local government shall act on each application for a development permit to be issued by the local government in accordance with the law and procedures applicable to the granting of the development permit.
(2)    If the local government has participated in a joint hearing, it shall give prompt notice of its action to the Coordinator, who shall send the notice to each State unit that participated in the joint hearing.
(b)    (1)    Each State unit that has participated in a joint hearing shall act promptly on each application for a development permit to be issued by the State unit within 60 days after the day on which the State unit receives notice that the local government has acted on the application for the local development permit.
(2)    If the local government has denied the local development permit, the State unit may deny its development permit for that reason. However, the State unit may reconsider the application for a development permit if the local development permit is later granted.
(c)    A State unit that has participated in a joint hearing shall give the Coordinator and the local government notice of the action by the State unit on each application for a development permit.
(d)    Each State unit that has participated in a consolidated hearing shall act on each application for a development permit to be issued by the State unit within 60 days after the day on which the consolidated hearing concludes.
(e)    Each State unit that does not hold a hearing shall act on an application for a development permit within 60 days after receiving the completed application for the development permit.
(f)    Unless a State unit obtains an extension under § 11-521 of this subtitle, failure of the State unit to act within the time set by this section and by § 11-515 of this subtitle constitutes automatic approval of the application for a development permit as submitted to the State unit, and the State unit immediately shall issue the development permit.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part IV - Joint and Consolidated Hearings › Section 11-521 - Extension of Deadlines for State Unit

(a)    A State unit is entitled to an extension of the time specified in § 11-515 of this subtitle, if the State unit:
(1)    determines, in writing, that:
(i)    the application and appendices are lacking in specific required information; or
(ii)    technical information, tests, or studies are needed for consideration of the application;
(2)    states the specific information, tests, and studies needed;
(3)    states the time required for their completion, if the information, tests, or studies are not required to be submitted by or for the applicant; and
(4)    delivers the written determination to the Coordinator and to the applicant at least 10 days before the scheduled hearing date.
(b)    A State unit is entitled to an extension of the time specified in § 11-520 of this subtitle, if the State unit:
(1)    determines, in writing, that:
(i)    the application and appendices are lacking in specific required information;
(ii)    technical information, tests, or studies are needed for consideration of the application; or
(iii)    new information requiring further evaluation has been obtained from the public hearing;
(2)    states the specific information, tests, and studies needed;
(3)    states the time required for their completion, if the information, tests, or studies are not required to be submitted by or for the applicant; and
(4)    delivers the written determination to the Coordinator and to the applicant at least 10 days before the expiration of the time specified in § 11-520 of this subtitle.
(c)    (1)    Subject to § 11-522 of this subtitle, on timely delivery of the written determination, the time limit shall be extended until 30 days after the information required from the applicant is received or 30 days after the time specified in the determination for the completion of the other information, tests, and studies not required from the applicant, as the case may be.
(2)    If new information is obtained from a public hearing, the Coordinator and the State unit involved shall jointly agree to a reasonable extension of time before the unit must act on the development permit.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part IV - Joint and Consolidated Hearings › Section 11-522 - Applicant's Appeal of Extension

(a)    (1)    An applicant for a development permit may appeal the determination of a State unit under § 11-521 of this subtitle on the grounds that:
(i)    the specific information, test, or study is unnecessary; or
(ii)    the time stated by the State unit for completion is unreasonable.
(2)    The appeal shall be made:
(i)    to the board of review of the State unit; or
(ii)    if the State unit does not have a board of review or its board of review does not have jurisdiction to review the development permit, to the Board of Public Works.
(b)    The appeal must be taken within 30 days after the applicant receives the determination.
(c)    (1)    The board of review or the Board of Public Works:
(i)    shall consider the appeal promptly;
(ii)    may affirm, modify, or reverse the determination of the State unit; and
(iii)    may set a new hearing date with respect to the application.
(2)    The applicant has the burden to show that the determination of the State unit was improper.
(3)    The State unit shall continue its evaluation of the development project, including tests and studies, through the appeal procedure.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 5 - Joint and Consolidated Hearings on Permits › Part IV - Joint and Consolidated Hearings › Section 11-523 - Administrative and Judicial Review of Final Action

Administrative and judicial review of the final action of a local government or State unit on an application for a development permit shall be in accordance with the law and procedures governing the issuance of development permits by the local government or State unit.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 1 - Maryland Tort Claims Act › Section 12-103 - Scope of Subtitle

This subtitle does not:
(1)    limit any other law that:
(i)    waives the sovereign immunity of the State or the units of the State government in tort; or
(ii)    authorizes the State or its units to have insurance for tortious conduct;
(2)    waive any right or defense of the State or its units, officials, or employees in an action in a court of the United States or any other state, including any defense that is available under the 11th Amendment to the United States Constitution; or
(3)    apply to or waive any immunity of a bicounty unit, county, municipal corporation, or other political subdivision or any unit, official, or employee of any of those agencies or subdivisions.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 1 - Maryland Tort Claims Act › 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 by the Montgomery County Self–Insurance Fund.
(2)    Under this section, whenever Montgomery County administers a State program under Title 3, Subtitle 4 of the Human Services Article, Montgomery County acts as a unit of the State, and any tort claim shall name the State of Maryland as the proper defendant.
(c)    Liability for a tort claim may not exceed the insurance coverage granted to units of State government under Title 9 of the State Finance and Procurement Article.
(d)    (1)    The State Treasurer is not liable under § 9–107(c) of the State Finance and Procurement Article for a tort claim.
(2)    For tort claims, the duties, responsibilities, and liabilities of the Treasurer under this subtitle shall be assumed by the Montgomery County Self–Insurance Fund with damages limited in accordance with subsection (c) of this section.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 1 - Maryland Tort Claims Act › 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 this paragraph, the liability of the State and its units may not exceed $400,000 to a single claimant for injuries arising from a single incident or occurrence.
(ii)    If liability of the State or its units arises from intentional tortious acts or omissions or a violation of a constitutional right committed by a law enforcement officer, the following limits on liability shall apply:
1.    subject to item 2 of this subparagraph, the combined award for both economic and noneconomic damages may not exceed a total of $890,000 for all claims arising out of the same incident or occurrence, regardless of the number of claimants or beneficiaries who share in the award; and
2.    in a wrongful death action in which there are two or more claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the limitation established under item 1 of this item, regardless of the number of claimants or beneficiaries who share in the award.
(b)    Immunity is not waived under this section as described under § 5–522(a) of the Courts and Judicial Proceedings Article.
(c)    (1)    The Treasurer may pay from the State Insurance Trust Fund all or part of that portion of a tort claim which exceeds the limitation on liability established under subsection (a)(2) of this section under the following conditions:
(i)    the tort claim is one for which the State and its units have waived immunity under subsections (a) and (b) of this section;
(ii)    a judgment or settlement has been entered granting the claimant damages to the full amount established under subsection (a)(2) of this section; and
(iii)    the Board of Public Works, with the advice and counsel of the Attorney General, has approved the payment.
(2)    Any payment of part of a settlement or judgment under this subsection does not abrogate the sovereign immunity of the State or any units beyond the waiver provided in subsections (a) and (b) of this section.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 1 - Maryland Tort Claims Act › Section 12-106 - Restrictions on Actions

(a)    This section does not apply to a claim that is:
(1)    asserted by cross–claim, counterclaim, or third–party claim; or
(2)    brought under § 5–117 of the Courts Article.
(b)    Except as provided in subsection (c) of this section, a claimant may not institute an action under this subtitle unless:
(1)    the claimant submits a written claim to the Treasurer or a designee of the Treasurer within 1 year after the injury to person or property that is the basis of the claim;
(2)    the Treasurer or designee denies the claim finally; and
(3)    the action is filed within 3 years after the cause of action arises.
(c)    (1)    If a claimant fails to submit a written claim in accordance with subsection (b)(1) of this section, on motion by a claimant and for good cause shown, the court may entertain an action under this subtitle unless the State can affirmatively show that its defense has been prejudiced by the claimant’s failure to submit the claim.
(2)    Subsection (b)(1) and (2) of this section does not apply if, within 1 year after the injury to person or property that is the basis of the claim, the State has actual or constructive notice of:
(i)    the claimant’s injury; or
(ii)    the defect or circumstances giving rise to the claimant’s injury.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 1 - Maryland Tort Claims Act › Section 12-107 - Claims

(a)    A claim under this subtitle shall:
(1)    contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort;
(2)    demand specific damages;
(3)    state the name and address of each party;
(4)    state the name, address, and telephone number of counsel for the claimant, if any; and
(5)    be signed by the claimant, or the legal representative or counsel for the claimant.
(b)    The Treasurer may:
(1)    consider a claim for money damages under this subtitle or delegate wholly or partly this responsibility to other State personnel; and
(2)    contract for any support services that are needed to carry out this responsibility properly.
(c)    (1)    In this section, “structured settlement” means a plan for the payment of a settlement or judgment to a claimant for damages in periodic installments.
(2)    Unless a contract with a private insurer provides otherwise, the Treasurer or designee may compromise and settle a claim for money damages after the Treasurer or designee consults with the Attorney General.
(3)    The State may enter into a structured settlement to the extent permitted in § 12-104(a)(2) of this subtitle.
(4)    If a structured settlement is entered into, the State and the claimant shall select the investment company by mutual agreement.
(5)    The acceptance of a settlement by a claimant is, as to that claimant:
(i)    final; and
(ii)    a complete release of each claim arising from the same cause of action against:
1.    the State;
2.    each of its units; and
3.    all State personnel.
(d)    A claim under this subtitle is denied finally:
(1)    if, by certified mail, return receipt requested, under a postmark of the United States Postal Service, the Treasurer or designee sends the claimant, or the legal representative or counsel for the claimant written notice of denial; or
(2)    if the Treasurer or designee fails to give notice of a final decision within 6 months after the filing of the claim.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 1 - Maryland Tort Claims Act › Section 12-108 - Actions

(a)    In an action under this subtitle, service of the complaint and accompanying documents is sufficient only if made on the Treasurer.
(b)    Unless full representation is provided under a contract of insurance, the Attorney General shall defend an action under this subtitle against the State or any of its units.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 2 - Actions in Contract › Section 12-201 - Sovereign Immunity Defense Barred

(a)    Except as otherwise expressly provided by a law of the State, the State, its officers, and its units may not raise the defense of sovereign immunity in a contract action, in a court of the State, based on a written contract that an official or employee executed for the State or 1 of its units while the official or employee was acting within the scope of the authority of the official or employee.
(b)    In an action under this subtitle, the State and its officers and units shall have the immunity from liability described under § 5–522(d) of the Courts Article.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 2 - Actions in Contract › Section 12-203 - Budget Request to Satisfy Judgments

Except as provided in Title 5 of the Education Article, to carry out this subtitle, the Governor shall include in the budget bill money that is adequate to satisfy a final judgment that, after the exhaustion of the rights of appeal, is rendered against the State or any of its officers or units.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part I - General Provision › 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.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part II - Civil Actions and Special Proceedings › 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 or employee submits to the Attorney General a written request for representation;
(iii)    the Attorney General or a person whom the Attorney General designates investigates the facts on which the action or proceeding is based;
(iv)    the Attorney General does not find the officer or employee ineligible for representation under subsection (b)(1) of this section; and
(v)    the officer or employee enters into an agreement as required by § 12-305 of this subtitle.
(2)    The Attorney General may provide this representation by a deputy attorney general, assistant attorney general, special counsel, or other private counsel.
(b)    (1)    The Attorney General shall decline to represent a State officer or State employee if, on the basis of the investigation, the Attorney General finds that:
(i)    the officer or employee was not acting within the scope of employment of the officer or employee;
(ii)    the act or omission was malicious; or
(iii)    the act or omission was grossly negligent.
(2)    The Attorney General may decline to represent a State officer or State employee who otherwise is eligible for representation if the officer or employee:
(i)    retains other counsel; or
(ii)    is covered by insurance that requires the carrier to provide counsel.
(c)    (1)    Subject to the requirements of this section, the Attorney General has sole discretion in undertaking to represent the State officer or State employee.
(2)    A decision of the Attorney General not to represent an officer or employee is inadmissible in any legal action or special proceeding. Reference to the decision may not be made in any hearing or trial.
(d)    This section does not:
(1)    deprive a State officer or State employee of any right to retain counsel, at the expense of the officer or employee; or
(2)    prevent the appearance of the Attorney General to protect the interests of the State, even if the officer or employee does not request the appearance.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part II - Civil Actions and Special Proceedings › 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 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.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part II - Civil Actions and Special Proceedings › 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 officer, employee, or unit.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part II - Civil Actions and Special Proceedings › 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.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part II - Civil Actions and Special Proceedings › 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 acting within the scope of the employment of the officer or employee;
(3)    the alleged act or omission was malicious; and
(4)    the alleged act or omission was grossly negligent.
(b)    A jury shall make the findings by written, special verdict.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part II - Civil Actions and Special Proceedings › Section 12-309 - Reimbursement by Party

(a)    A court shall require reimbursement from the person who brings an action or proceeding against a State officer or State employee if:
(1)    judgment is rendered for the officer or employee; and
(2)    the court finds that the action or proceeding was instituted:
(i)    in bad faith; or
(ii)    without substantial justification.
(b)    Reimbursement shall consist of reasonable counsel fees and other costs and reasonable expenses incurred by the officer or employee in defending against the action or proceeding.
(c)    Reimbursement shall be paid:
(1)    to the officer or employee; or
(2)    if the State or any of its units already has reimbursed the officer or employee, to the State or the unit.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part II - Civil Actions and Special Proceedings › 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 or proceeding if:
(1)    the Attorney General declined representation under § 12-304(b)(1) of this subtitle; and
(2)    it is determined judicially that:
(i)    the defense of sovereign immunity is available to the officer or employee; or
(ii)    injuries arose from an act or omission of the officer or employee and, when the act or the omission was made, the officer or employee was acting within the scope of employment and the act or omission was not malicious and was not grossly negligent.
(c)    Reimbursement under this section shall be subject to the provisions of Subtitle 5 of this title.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part III - Criminal Actions › 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.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part III - Criminal Actions › 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 has concluded and criminal charges have not been filed against the officer or employee; or
(2)    in defending against criminal charges that related to conduct as an officer or employee if final disposition of all of the charges does not result in a plea of nolo contendere, a guilty plea, or a finding of guilt.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part III - Criminal Actions › 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 was retained; and
(iii)    after review of the evidence and other information, the Attorney General or a designee appointed under this section made the following determinations:
1.    in connection with the matter under criminal investigation, the applicant discharged the public responsibilities in good faith, did not engage in unlawful conduct, and was reasonable in retaining counsel and incurring the counsel fees for which reimbursement is sought; or
2.    in connection with the matter that was the subject of criminal charges, the applicant discharged the public responsibilities in good faith and incurred reasonable counsel fees.
(b)    Notwithstanding subsection (a)(2)(ii) of this section, the Board of Public Works may approve reimbursement to an applicant who fails to give the Attorney General notice promptly after counsel is retained if the Board determines that the failure is for good cause.
(c)    If the Attorney General believes that it would be inappropriate for the Attorney General to make the determinations under subsection (a)(2)(iii) of this section, the Attorney General or the Board of Public Works may designate other counsel to carry out that duty.
(d)    The determinations of the Attorney General or designee under this section are not subject to judicial review.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part III - Criminal Actions › 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.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 3 - Actions Against State Officers and State Employees › Part III - Criminal Actions › 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.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 4 - Payment of Settlements and Judgments › Section 12-401 - "State Personnel" Defined

In this subtitle, “State personnel” means:
(1)    a regular employee of the State whose compensation:
(i)    is provided by a State appropriation; or
(ii)    is paid wholly or partly from State funds;
(2)    an employee who is under the jurisdiction of the Department of Budget and Management;
(3)    an officer, warrant officer, or enlisted member of the organized militia;
(4)    an employee of the Maryland Port Administration, as described in § 6–204(n) of the Transportation Article;
(5)    a member or employee of a board of trustees for a community college;
(6)    except in Montgomery County, an employee of a county health department;
(7)    a member or employee of the Baltimore City Board of School Commissioners or of a county board of education;
(8)    a member of the Board of Visitors of the Maryland School for the Deaf;
(9)    a member or employee of a board of supervisors for a soil conservation district;
(10)    a person who, as a volunteer, is providing a service to or for the State;
(11)    a person who, for or under contract with a unit of the State or a local government, performs an emergency service during a state of emergency under Title 14 of the Public Safety Article;
(12)    any other individual who, with or without compensation, holds a position that requires the exercise of discretion and of a part of the sovereignty of the State;
(13)    any other State officer or State employee; and
(14)    a Montgomery County employee who administers a State program under Title 3, Subtitle 4 of the Human Services Article.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 4 - Payment of Settlements and Judgments › Section 12-402 - Legislative Findings

The General Assembly finds that:
(1)    the State is a unique body because:
(i)    the State is a sovereign political body that the people have established directly for the sole purpose of providing for their government; and
(ii)    the revenue of the State derives principally from taxes on the people, rather than from commercial enterprise;
(2)    State personnel who are acting within the scope of public duties and responsibilities are carrying out a governmental program under law and, thus, are discharging a part of the purpose and sovereignty of the State;
(3)    decisions of courts throughout the United States have created new grounds for personal liability of a public officer or public employee who is discharging a public duty;
(4)    those decisions have resulted in:
(i)    increased difficulties in recruiting or retaining qualified individuals for public positions that involve the exercise of discretion or dealing with the general public; and
(ii)    increased difficulties and expense in protecting these individuals through public liability insurance; and
(5)    as a matter of State policy, it is essential to protect from liability State personnel who are acting within the scope of public duties and responsibilities and without malice or gross negligence.
2023 Maryland Statutes › State Government › Title 12 - Immunity and Liability › Subtitle 4 - Payment of Settlements and Judgments › Section 12-403 - Scope of Subtitle

(a)    This subtitle does not affect any immunity or other defense that is available to State personnel or the State.
(b)    Payment of a settlement or judgment under this subtitle does not abrogate the sovereign immunity of the State, any of its units, or State personnel.