HARRY HUGHES, Governor

1423

(D) FINAL DENIALS.

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 WRITTEN NOTICE OF
DENIAL; OR

(2)  AT THE OPTION OF THE CLAIMANT, IF THE TREASURER
OR DESIGNEE FAILS TO GIVE THE CLAIMANT NOTICE OF A FINAL DECISION
WITHIN 6 MONTHS AFTER THE FILING OF THE CLAIM.

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ § 5-407(a),
(b), and (d) and § 5-406(b) and the second and third
sentences of (a)(1).

In subsection (a)(4) of this section, the reference to
the "name" of counsel is added for clarity.

In subsection (b)(1) of this section, the disjunctive
"or" is substituted for the former word "and", to
clarify that the Treasurer either must consider the
claim or require a designee to consider the claim.
This revision is based on the consequences of
inaction, as indicated in subsection (d)(2) of this
section.

Former CJ § 5-407(c), which provided for payments of
settlements and awards through the State Insurance
Program, is deleted as unnecessary in light of Art.
95, §§ 27(d) and 32 of the Code.

Defined terms: "Includes";"including" § 1-101
"State personnel" § 12-101

12-107. ACTIONS.

(A)  STATUTE OF LIMITATIONS.

IF A CLAIM UNDER THIS SUBTITLE IS FILED WITHIN THE
APPLICABLE PERIOD OF LIMITATIONS, THE FILING TOLLS THE STATUTE OF
LIMITATIONS UNTIL 60 DAYS AFTER A FINAL DENIAL OF THE CLAIM.

(B)  JOINDER OF STATE.

(1) THE STATE SHALL BE JOINED AS A PARTY IN AN ACTION
AGAINST STATE PERSONNEL THAT ALLEGES DAMAGES AS A RESULT OF A
TORTIOUS ACT OR OMISSION WITHIN THE SCOPE OF THE PUBLIC DUTIES OF
THE STATE PERSONNEL.

(2) THE ISSUE OF WHETHER THE ALLEGED ACT OR OMISSION
WAS WITHIN THE SCOPE OF THOSE DUTIES MAY BE TRIED SEPARATELY.