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