| (a) Outside Counsel must pay a non-refundable administrative
fee to the Office of the Attorney General for the Invoice review described
in §57.8 of this chapter. Outside Counsel may not charge, or
seek reimbursement from, the Agency for payment of this administrative
fee.
(b) The administrative fee described in subsection
(a) of this section is incurred on the date that the first Invoice
after the effective date of this chapter is submitted to the Agency.
Any Invoice submitted to the Office of the Attorney General by the
Agency before the administrative fee has been submitted by the Outside
Counsel to the Office of the Attorney General shall be deemed incorrect
and incomplete and not eligible for payment.
(c) The administrative fee is set as follows:
(1) For an Outside Counsel Contract with a maximum
liability of less than $2,000.00, but more than $0.00, the administrative
fee is $100.00.
(2) For an Outside Counsel Contract with a maximum
liability equal to or greater than $2,000.00 but less than $10,000.00,
the administrative fee is $200.00.
(3) For an Outside Counsel Contract with a maximum
liability equal to or greater than $10,000.00 but less than $50,000.00,
the administrative fee is $500.00.
(4) For an Outside Counsel Contract with a maximum
liability equal to or greater than $50,000.00 but less than $150,000.00,
the administrative fee is $1,000.00.
(5) For an Outside Counsel Contract with a maximum
liability equal to or greater than $150,000.00 but less than $1,000,000.00,
the administrative fee is $1,500.00.
(6) For an Outside Counsel Contract with a maximum
liability of equal to or greater than $1,000,000.00, the administrative
fee is $2,000.00.
(7) For Contingency Fee Outside Counsel Contracts,
the Office of the Attorney General will establish a reasonable administrative
fee when Invoices are submitted to the Office of the Attorney General
for review.
(d) The administrative fee due under subsection (c)
of this section covers the then current State Fiscal Biennium in an
Outside Counsel Contract term. Outside Counsel must pay a non-refundable
administrative fee to the Office of the Attorney General, as set by
subsection (c) of this section, for every State Fiscal Biennium covered
in an Outside Counsel Contract term. Subsequent biennial administrative
fees are due upon submission of the first Invoice of a new State Fiscal
Biennium.
(e) The administrative fee described in subsection
(a) of this section is not due for a contract having a zero dollar
liability or a contract that is only seeking reimbursement for expenses.
(f) For exceptional circumstances, the Office of the
Attorney General, at its sole discretion, may modify the amount of
the administrative fee due under subsection (c) of this section. If
the Office of the Attorney General, at its sole discretion, permits
an Agency to submit information other than the information specified
in §57.8(b)(1) - (7) of this chapter, the Office of the Attorney
General, in its sole discretion, may reduce or waive the administrative
fee.
(g) When an Outside Counsel Contract is amended to
increase the maximum liability of the contract to an amount that requires
Outside Counsel to pay a higher administrative fee, under subsection
(c) of this section, then Outside Counsel shall pay the difference
between the original lesser fee, if already paid, and the new higher
fee upon submission of the next submitted Invoice.
(h) The administrative fee described in subsection
(a) of this section shall be sent to the Office of the Attorney General
and not to the Agency.
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