Md. Code Regs. 25.02.01.02

Current through Register Vol. 51, No. 9, May 3, 2024

Section 25.02.01.02 - Definitions

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.

Md. Code Regs. 25.02.01.02

Regulations .02 under new chapter, Maryland Tort Claims Act_General, adopted effective April 16, 1990 (17:7 Md. R. 853)
Regulation .02B amended effective December 24, 1990 (17:25 Md. R. 2910); November 8, 1993 (20:22 Md. R. 1710)