Code of Maryland Regulations › Title 25 - OFFICE OF THE STATE TREASURER › Subtitle 02 - STATE INSURANCE PROGRAMS › Chapter 25.02.01 - Maryland Tort Claims Act-General › Section 25.02.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In COMAR
				25.02.01-COMAR 25.02.04, the following terms have the meanings
				indicated.
B. Terms Defined.
(1) "Claim" means a claimant's written
				notification of an incident that meets all of the requirements of COMAR
				25.02.03.01AA and
				is received by the Treasurer.
(2)
				"Claimant" means a person described in COMAR
				25.02.03.02A who
				submits a claim under the Maryland Tort Claims Act to the Treasurer.
(3) "Incident" means an act or omission of
				State personnel that constitutes an alleged tort under the Maryland Tort Claims
				Act and is alleged to have caused injury, loss, or damage to person or property
				by reason of a single occurrence.
(4) "State personnel" means:
(a) A State employee or official who is paid
				in whole or in part by the Central Payroll Bureau in the Office of the
				Comptroller;
(b) An employee or
				official of:
(i) The Maryland Transportation
				Authority,
(ii) The Injured
				Workers' Insurance Fund,
(iii) The
				Maryland Stadium Authority,
(iv)
				The Maryland Environmental Service,
(v) The overseas programs of the University
				College of the University of Maryland System,
(vi) The Maryland Economic Development
				Corporation, or
(vii) A Soil
				Conservation District;
(c) A person who is a member of a State
				board, commission, or similar State entity;
(d) A person who:
(i) Is providing a service to or for the
				State,
(ii) Is not paid in whole or
				in part by the State, and
(iii)
				Otherwise meets the definition of "volunteer" set forth in §B(8),
				below;
(e) An individual
				who, without compensation, exercises a part of the sovereignty of the
				State;
(f) A student enrolled in a
				State educational institution for whom the Treasurer, based upon the
				determinations required by State Government Article, §
											12-101(5),
				has issued an insurance certificate;
(g) A sheriff or deputy sheriff of a county
				or Baltimore City; or
(h) An
				employee of a county who is assigned to a local department of social
				services.
(5) "Submit"
				or its variations means actual receipt by the Treasurer.
(6) "Treasurer" means the State Treasurer of
				Maryland or the Treasurer's designee.
(7) Treasurer's Designee.
(a) "Treasurer's designee" means only the:
(i) Chief Deputy Treasurer; or
(ii) Director of the Insurance Division of
				the State Treasurer's Office.
(b) "Treasurer's designee" does not mean or
				include any other person, including, but not limited to:
(i) An officer or employee of State
				government other than those persons identified in §B(7)(a),
				above;
(ii) The Comptroller of the
				Treasury, the Attorney General, or the Secretary of State; or
(iii) A commercial insurer, adjuster, claims
				administrator, or similar person who provides services to the Treasurer as an
				independent contractor.
(8) "Volunteer" means a person who:
(a) Is performing services to or for a unit
				of State government, the employees of which are considered State personnel
				under §B(4), above;
(b) Is
				engaged in the actual performance of the services in §B(8)(a) at the time
				of the incident giving rise to a claim; and
(c) In the performance of the services in
				§B(8)(a):
(i) Is participating in a
				formal volunteer program, or
(ii)
				Before the beginning of those services, is formally recognized by the unit as a
				volunteer.