HARRY HUGHES, Governor

1427

In item (3) of this section, the reference to a county
"board of education" is substituted for the former
reference to "boards of school commissioners" to
conform to ED § 3-104(a), which provides that every
county, other than Baltimore City, has a "board of
education".

Defined term: "County" § 1-101

12-302. RESERVED.

12-303. RESERVED.

PART II. CIVIL ACTIONS AND SPECIAL PROCEEDINGS.

12-304. APPEARANCE OF ATTORNEY GENERAL.

(A)  APPEARANCE FOR OFFICER OR EMPLOYEE.

(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)  EXCEPTIONS.

(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 THE OFFICER OR
EMPLOYEE:

(I) WAS NOT ACTING WITHIN THE SCOPE OF
EMPLOYMENT OF THE OFFICER OR EMPLOYEE;