CHAPTER 16. LEGAL DEFENSE FOR EMPLOYEES

IC 8-23-16
    Chapter 16. Legal Defense for Employees

IC 8-23-16-1
"Member" defined
    Sec. 1. As used in this chapter, "member" means all employeesand appointees of the department.
As added by P.L.18-1990, SEC.225.

IC 8-23-16-2
Application of chapter
    Sec. 2. Subject to IC 34-13-2, IC 34-13-3, and IC 34-13-4, thischapter applies when a member of the department is sued for civildamages and:
        (1) the department administratively determines that the civilaction arose out of an act performed within the scope of theduties of the member; and
        (2) a lack of defense of the action by the state would prejudicethe construction, maintenance, or administration of statehighways.
As added by P.L.18-1990, SEC.225. Amended by P.L.1-1998,SEC.92.

IC 8-23-16-3
Duties of attorney general
    Sec. 3. The attorney general shall:
        (1) when the department submits the finding in writing to theattorney general; and
        (2) if the attorney general finds the determination to besupported by substantial evidence;
defend the member in the action or authorize the department to hireprivate counsel to provide a defense.
As added by P.L.18-1990, SEC.225.

IC 8-23-16-4
Admission of administrative determinations as evidence
    Sec. 4. The administrative determination by the department or thedetermination by the attorney general may not be admitted asevidence in the trial of a civil action for damages.
As added by P.L.18-1990, SEC.225.

IC 8-23-16-5
Right to select defense counsel; relieve from civil damages
    Sec. 5. This chapter may not be construed to:
        (1) deprive a member of the right to select defense counsel atthe member's own expense; or
        (2) relieve a member from responsibility in civil damages.
As added by P.L.18-1990, SEC.225.