12.212 Attorney General may decline to defend when certain circumstances exist.

138 words·~1 min read·/ky/chapter-12/12-212

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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:

(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

whose employees are to be defended.