Kan. Admin. Regs. § 105-9-5

Current through Register Vol. 43, No. 46, November 14, 2024

Section 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.

Kan. Admin. Regs. § 105-9-5

Authorized by and implementing K.S.A. 22-4507 and 22-4522; effective Aug. 16, 1993.