| (a) Except as authorized by law, an Outside Counsel
Contract or any amendment to an Outside Counsel Contract must be approved
by the Office of the Attorney General to be valid and enforceable.
(b) When entering into an Outside Counsel Contract,
an Agency and Outside Counsel must use the Outside Counsel Contract
template promulgated by the Office of the Attorney General. The contract
template and instructions on submitting it are available on the Office
of the Attorney General's official website or upon request from the
General Counsel Division of the Office of the Attorney General.
(c) In the event of an inconsistency between this chapter
and an executed Outside Counsel Contract, the contract shall prevail.
(d) Once an Agency selects an Outside Counsel, the
Agency shall submit one copy of its proposed Outside Counsel Contract
to the Office of the Attorney General for approval pursuant to this
chapter. The Outside Counsel Contract must be signed by an authorized
representative of the Outside Counsel and the chief administrator
of the Agency, or authorized designee.
(e) Agency shall submit to the OAG the disclosure statement
previously submitted by the selected Outside Counsel to the Agency.
If the Agency is satisfied in its choice of Outside Counsel selected,
the Agency shall submit to the OAG an affirmative statement that it
is satisfied in its choice of selected Outside Counsel notwithstanding
the information contained in the disclosure statement.
(f) Upon receipt of a proposed Outside Counsel Contract,
the Office of the Attorney General will review the contract and either
approve or reject it based upon the best interest of the State and
compliance with state law.
(g) If the Office of the Attorney General approves
a proposed Outside Counsel Contract, an authorized representative
of the Office of the Attorney General will indicate that approval
on the contract and return the signed copy to the Agency.
(h) If the Office of the Attorney General rejects a
proposed Outside Counsel Contract, it will contact the submitting
Agency to discuss the basis for the rejection and to explore whether
revisions to the proposed contract could rectify the basis for the
rejection. In the event the proposed contract is rejected and rectifying
amendments are not acceptable or possible, the Office of the Attorney
General will contact the submitting Agency to discuss alternatives
to representation by the selected Outside Counsel.
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