Kan. Admin. Regs. § 105-9-5 - Proration
(a) The payment of
attorney claims may be prorated by the board if the board determines that
funding in any fiscal year is insufficient to pay all claims in full.
(b) Prior to a decision by the
board to prorate claims pursuant to
K.S.A.
22-4507(c) and K.A.R.
105-9-5 (a), a public hearing shall be conducted by the board to determine the
impact such a decision would have on the quality of representation afforded to
indigent defendants and the availability of sufficient numbers of attorneys on
the county and district panels.
(c) A decision by the board to prorate claims
may consist of an equitable reduction in the hourly rate of compensation on all
pending and anticipated claims. The reduced hourly rate of compensation shall
be set at an amount that will enable the agency to process the reduced hourly
rate on all pending and anticipated claims for the remainder of the fiscal year
in which the claims are submitted for payment.
(d) Upon a decision to prorate claims but not
sooner than 30 days prior to the effective date of the proration plan, the
following information shall be published by the board in the Kansas Register:
(1) the beginning and ending dates of the
period in which proration will be implemented;
(2) the revised hourly rate of compensation
to be paid to appointed attorneys; and
(3) the anticipated savings from the board's
proration plan.
Notes
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