<br><br>12.212 Attorney General may decline to defend when certain circumstances exist. <br>(1) The Attorney General may decline to provide for the defense of a civil action <br>brought against an employee or former employee if he determines that: <br>(a) The act or omission was not within the scope and course of his employment as <br>a state employee; or <br>(b) The employee or former employee acted or failed to act because of actual <br>fraud, corruption, or actual malice on his part; or <br>(c) Defense of the action by the Commonwealth would create a conflict of <br>interest between the Commonwealth and the employee or former employee; or <br>(d) Defense of the action would not be in the best interests of the Commonwealth. <br>(2) The Attorney General may delegate his authority to make these determinations to <br>the chief administrative authority of any agency, institution, board, or commission <br>whose employees are to be defended. <br>History: Created 1976 Ky. Acts ch. 362, sec. 2. <br><br>