N.J. Admin. Code § 11:20-2.16

Current through Register Vol. 56, No. 11, June 3, 2024

Section 11:20-2.16 - Indemnification

(a) The participation in the IHC Program as a member, the establishment of rates, forms or procedures, or any other joint or collective action required by the Act shall not be the basis of any legal action, criminal or civil liability, or penalty against the IHC Program, member of the Board of Directors, employee of the Board, or any member carrier either jointly or separately except as otherwise provided in the Act.

(b) The Board shall not be liable for any obligation of the IHC Program. No Director, officer or employee of the Board shall be individually liable and no cause of action of any nature may arise against them, for any action taken or omission made by them unless their conduct was outside the scope of their employment or constituted a crime, actual fraud, actual malice or willful misconduct.

Amended by R.1998 d.443, effective 8/7/1998.
See: 30 New Jersey Register 2581(a), 30 New Jersey Register 3289(a).
In (a), inserted "employee of the Board" following "Directors".
Amended by R.2006 d.15, effective 1/3/2006.
See: 37 New Jersey Register 2994(a), 38 New Jersey Register 311(a).
In (b), deleted "or the Department" following "of the Board" in the second sentence.