Sec. 2. Subject to IC 34-13-2, IC 34-13-3, and IC 34-13-4, this chapter applies when a member of the department is sued for civil damages and:
(1) the department administratively determines that the civil action arose out of an act performed within the scope of the duties of the member; and
(2) a lack of defense of the action by the state would prejudice the construction, maintenance, or administration of state highways.
As added by P.L.18-1990, SEC.225. Amended by P.L.1-1998, SEC.92.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 23. Indiana Department of Transportation
Chapter 16. Legal Defense for Employees
8-23-16-2. Application of Chapter
8-23-16-3. Duties of Attorney General
8-23-16-4. Admission of Administrative Determinations as Evidence
8-23-16-5. Right to Select Defense Counsel; Relieve From Civil Damages