Md. Code Regs. 25.02.02.03

Current through Register Vol. 51, No. 8, April 19, 2024

Section 25.02.02.03 - Discretionary Payments

A. Within budgetary appropriations, the Treasurer may pay from the State Insurance Trust Fund all or part of that portion of a claim that exceeds the limits of purchased commercial insurance coverage obtained pursuant to Regulation .01 of this chapter under the following conditions:

(1) The claim is consistent with the provisions of Regulation .02B and C of this chapter;

(2) A judgment or settlement has been entered granting the claimant damages greater than the limits of the purchased commercial insurance obtained pursuant to Regulation .01 of this chapter;

(3) A request for a discretionary payment is submitted to the Treasurer within 60 days of entry of the settlement or judgment described in §A(2) of this regulation; and

(4) The Board of Public Works, with the advice and counsel of the Office of the Attorney General, has approved the discretionary payment.

B. A discretionary payment of part of a settlement or judgment pursuant to §A of this regulation:

(1) Does not abrogate the sovereign immunity of the State beyond the waiver provided in Regulation .02 of this chapter; and

(2) Is subject to the monetary limits of Regulation .02D of this chapter.

C. Pursuant to State Government Article, § 12-501(b), Annotated Code of Maryland, a decision of the Board of Public Works under §A(4) of this regulation is not subject to judicial review.

Md. Code Regs. 25.02.02.03

Regulations .03, Maryland Tort Claims Act, adopted effective April 16, 1990 (17:7 Md. R. 853)