R477-2-9. Employee Liability

An employee who becomes aware of any occurrence which may give rise to a lawsuit, who receives notice of claim, or is sued because of an incident related to state employment, shall give immediate notice to management and to the Department of Government Operations, Division of Risk Management. (1) In most cases, under Title 63G, Chapter 7, Governmental Immunity Act, an employee shall receive defense and indemnification unless the case involves fraud, malice, or the use of alcohol or drugs by the employee. (2) Before an agency may defend its employee against a claim, the employee shall make a written request for a defense to the agency head under Subsection 63G-7-902(2).