Subject to the limitations in this Part III of this subtitle, the Board of Public Works may approve reimbursement of a State officer or State employee or otherwise pay for reasonable counsel fees that the officer or employee incurred:
(1) in connection with a criminal investigation into conduct as an officer or employee if the investigation has concluded and criminal charges have not been filed against the officer or employee; or
(2) in defending against criminal charges that related to conduct as an officer or employee if final disposition of all of the charges does not result in a plea of nolo contendere, a guilty plea, or a finding of guilt.