37 CFR 104.32: Procedure for requesting indemnification

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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104.32    Procedure for requesting indemnification.

  • (a) After being served with process or pleadings in such an action or proceeding, the employee shall within five (5) calendar days of receipt, deliver to the General Counsel all such process and pleadings or an attested true copy thereof, together with a fully detailed report of the circumstances of the incident giving rise to the court action or proceeding.
  • (b)
    • (1) An employee may request indemnification to satisfy a verdict, judgment, or award entered against that employee only if the employee has timely satisfied the requirements of paragraph (a) of this section.
    • (2) No request for indemnification will be considered unless the employee has submitted a written request through the employee’s supervisory chain to the General Counsel with:
      • (i) Appropriate documentation, including copies of the verdict, judgment, appeal bond, award, or settlement proposal;
      • (ii) The employee’s explanation of how the employee was acting within the scope of the employee’s employment; and;
      • (iii) The employee’s statement of whether the employee has insurance or any other source of indemnification.
[Added, 66 FR 47387, Sept. 12, 2001, effective Sept. 12, 2001]