Current through Reg. 50, No. 13; March 28, 2025
(a) Upon receipt of
an Invoice, the Agency shall immediately mark the Invoice with the date the
Agency received the Invoice. The Agency must review the submitted Invoice, and
any other information deemed necessary, to verify that:
(1) the legal services contained in the
Invoice were performed and were reasonable and either necessary or
advisable;
(2) the legal services
contained in the Invoice were performed within the term and scope of services
of the Outside Counsel Contract;
(3) the legal billing rates are the same as
those set in the Outside Counsel Contract;
(4) any expense that requires the Agency's
pre-approval was in fact pre-approved; and
(5) the total amount of the Invoice, along
with all prior payments made to Outside Counsel under the Outside Counsel
Contract, do not exceed the maximum liability amount set in the Outside Counsel
Contract.
(b) If the
Agency determines that the submitted Invoice is correct and complete, and
should be paid, the Agency's chief administrator or their designee must:
(2) verify that the requirements in
subsection (a)(1) - (5) of this section have been met and attest to that
verification with his or her signature;
(3) submit the Invoice and other required
information to the Office of the Attorney General pursuant to §
57.8(b) of this
chapter; and
(4) if necessary,
enter relevant information into the Uniform Statewide Accounting
System.
(c) If the
Agency determines that the Invoice is not correct and complete, and should not
be paid, even in part, the Agency's designated representative must immediately
notify Outside Counsel in writing that the Invoice is deficient and attempt to
resolve the Invoice deficiency with Outside Counsel in a mutually agreeable
manner.
(1) If the Invoice deficiency can be
resolved in a reasonable time and in a mutually agreeable manner that results
in a correct and complete Invoice, Outside Counsel should submit that Invoice
to Agency for review and approval pursuant to §
57.6 of this chapter.
(2) If the Invoice deficiency cannot be
resolved in a reasonable time, the Agency should reject and deny payment for
the disputed portions of the Invoice and approve the undisputed portions of the
Invoice pursuant to subsection (b) of this section so that the undisputed
portions of the Invoice can be processed for payment pursuant to this chapter.
If necessary, Outside Counsel may resubmit the disputed and rejected portions
of the Invoice to Agency once the deficiency is resolved in a mutually
agreeable manner with Agency. In the event that Outside Counsel and Agency
mutually agree on a resolution, then Outside Counsel must follow the steps in
§
57.6 of this chapter.
(d) Contingency Fee Outside
Counsel may be required to submit Invoices for review as requested by the
Office of the Attorney General.
