Sec. 25.02.02.03. Discretionary Payments

A. Within budgetary appropriations, the Treasurer may pay from the State Insurance Trust Fund all or part of that portion of a claim that exceeds the limits of purchased commercial insurance coverage obtained pursuant to Regulation .01 of this chapter under the following conditions:

(1) The claim is consistent with the provisions of Regulation .02B and C of this chapter;

(2) A judgment or settlement has been entered granting the claimant damages greater than the limits of the purchased commercial insurance obtained pursuant to Regulation .01 of this chapter;

(3) A request for a discretionary payment is submitted to the Treasurer within 60 days of entry of the settlement or judgment described in §A(2) of this regulation; and

(4) The Board of Public Works, with the advice and counsel of the Office of the Attorney General, has approved the discretionary payment.

B. A discretionary payment of part of a settlement or judgment pursuant to §A of this regulation:

(1) Does not abrogate the sovereign immunity of the State beyond the waiver provided in Regulation .02 of this chapter; and

(2) Is subject to the monetary limits of Regulation .02D of this chapter.

C. Pursuant to State Government Article, §12-501(b), Annotated Code of Maryland, a decision of the Board of Public Works under §A(4) of this regulation is not subject to judicial review.