If the attorney general denies representation to an officer or employee who made a
request for representation under section 109.361 of the Revised Code, the officer or employee may, upon the termination of the action for which he requested
the representation, commence an action in the court of claims against the employer
pursuant to sections 2743.01 to 2743.20 of the Revised Code for the reasonable expenses incurred in providing his own defense.
An action brought pursuant to this section shall be commenced no later than two years
after the cause of action arising under this section accrues. A cause of action arising under this section accrues upon the conclusion of the
civil action instituted against the officer or employee for which the attorney general
denied the officer's or employee's request for representation if the time for filing
an appeal in the action lapses without the filing of an appeal or upon the conclusion
of the final appeal in the civil action instituted against the officer or employee
for which the attorney general denied the officer's or employee's request for representation
if an appeal is filed in the action.
If the court of claims finds that the officer or employee was entitled to have the
attorney general represent and defend him under section 109.361 of the Revised Code, the court shall enter judgment against the employer in favor of the officer or employee
in the amount of the reasonable expenses incurred by the officer or employee in providing
his own defense and in bringing the action authorized by this section. The reasonable expenses may include, but are not limited to, payment of court costs,
attorney's fees, investigative costs, and expert witness fees.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.