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 employees
and 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, this
chapter applies when a member of the department is sued for civil
damages and:
(1) the department administratively determines that the civil
action arose out of an act performed within the scope of the
duties of the member; and
(2) a lack of defense of the action by the state would prejudice
the construction, maintenance, or administration of state
highways. 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 the
attorney general; and
(2) if the attorney general finds the determination to be
supported by substantial evidence;
defend the member in the action or authorize the department to hire
private 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 the
determination by the attorney general may not be admitted as
evidence 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 at
the member's own expense; or
(2) relieve a member from responsibility in civil damages. As added by P.L.18-1990, SEC.225.
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 employees
and 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, this
chapter applies when a member of the department is sued for civil
damages and:
(1) the department administratively determines that the civil
action arose out of an act performed within the scope of the
duties of the member; and
(2) a lack of defense of the action by the state would prejudice
the construction, maintenance, or administration of state
highways. 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 the
attorney general; and
(2) if the attorney general finds the determination to be
supported by substantial evidence;
defend the member in the action or authorize the department to hire
private 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 the
determination by the attorney general may not be admitted as
evidence 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 at
the member's own expense; or
(2) relieve a member from responsibility in civil damages. As added by P.L.18-1990, SEC.225.
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 employees
and 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, this
chapter applies when a member of the department is sued for civil
damages and:
(1) the department administratively determines that the civil
action arose out of an act performed within the scope of the
duties of the member; and
(2) a lack of defense of the action by the state would prejudice
the construction, maintenance, or administration of state
highways. 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 the
attorney general; and
(2) if the attorney general finds the determination to be
supported by substantial evidence;
defend the member in the action or authorize the department to hire
private 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 the
determination by the attorney general may not be admitted as
evidence 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 at
the member's own expense; or
(2) relieve a member from responsibility in civil damages. As added by P.L.18-1990, SEC.225.
