al-al-6a6a2811177d483da379606e: 355-9-1-.06 — Billing Standards

APA-1 TRANSMITTAL SHEET FOR NOTICE OF INTENDED ACTION Control: 355 Department or Agency: Alabama Department of Finance Rule No.: 355-9-1-.06 Rule Title: Billing Standards Intended Action Amend endanger the public health, welfare, or safety?antly harm or No Is there a reasonable relationship between the state’s police Yes power and the protection of the public health, safety, or welfare? Is there another, less restrictive method of regulation available that could adequately protect the public? No Does the proposed rule have the effect of directly or indirectly No increasing the costs of any goods or services involved? To what degree?: N/A Is the increase in cost more harmful to the public than the harm NA that might result from the absence of the proposed rule? Are all facets of the rule-making process designed solely for the purpose of, and so they have, as their primary effect, the No protection of the public? Does the proposed action relate to or affect in any manner any litigation which the agency is a party to concerning the subject No matter of the proposed rule? Does the proposed rule have an economic impact? No If the proposed rule has an economic impact, the proposed rule is required to be 41-22-23, Code of Alabama 1975.epared in accordance with subsection (f) of Section Certification of Authorized Official I certify that the attached proposed rule has been proposed in full compliance with the requirements of Chapter 22, Title 41, Code of Alabama 1975, and that it Division of the Legislative Services Agency.ts of the Administrative Procedure Signature of certifying officer Jeffrey B Garber Jeffrey B Garber & F I L E D R E C ’D Date Tuesday, August 4, 2026 AU G 4 ,202 6 Y SL AT IVE S VC A G EN C LE G I APA-2 ALABAMA DEPARTMENT OF FINANCE NOTICE OF INTENDED ACTION AGENCY NAME: State of Alabama Department of Finance RULE NO. & TITLE: 355-9-1-.06 Billing Standards INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: The proposed amendment revises appointed counsel billing standards. The amendment clarifies that non-overhead expenses subject to the $300 pre-approved threshold includes mileage, postage and reasonable photocopying costs. It requires counsel to claim mileage based on the shorter distance between home and office to the destination, permits interim billing of non-overhead expenses and adds a requirement that a juvenile or youthful offenders names must be redacted from fee declaration documentation or it may be subject to denial. TIME, PLACE AND MANNER OF PRESENTING VIEWS: Written comments regarding the proposed amendment may be submitted to Chris Roberts, Office of Indigent Defense Services, 100 North Union Street, Suite 680, Montgomery, Alabama 36104 or by Email: Christopher.Roberts@oids.alabama.gov. Comments must be received on or before 10/05/2026 by 4:30 p.m. Central Time. FINAL DATE FOR COMMENT AND COMPLETION OF NOTICE: Monday, October 5, 2026 CONTACT PERSON AT AGENCY: Christopher Roberts, christopher.roberts@oids.alabama.gov Jeffrey B Garber Jeffrey B Garber (Signature of officer authorized to promulgate and adopt rules or his or her deputy) 355-9-1-.06 Billing Standards. (a) Time recorded on a fee itemization submitted with a fee declaration form shall be in increments of 0.10 hours (six minutes), as follows: 1 to 6 minutes - 0.1 hours 7 to 12 minutes - 0.2 hours 13 to18 minutes - 0.3 hours 19 to 24 minutes - 0.4 hours 25 to 30 minutes - 0.5 hours 31 to 36 minutes - 0.6 hours 37 to 42 minutes - 0.7 hours 43 to 48 minutes - 0.8 hours 49 to 54 minutes - 0.9 hours 55 to 60 minutes - 1.0 hours (b) Opening, closing, and final billing of a case file will be paid a maximum of 0.5 hours in total. Should the total time for the aforementioned activities exceed 0.5 hours due to circumstances beyond the control of the attorney or for other reason, the attorney may petition the director to approve payment of time in excess of 0.5 hours. (c) Time spent by qualified law clerk or paralegal working at the direction of appointed counsel must be billed at the paralegal rate of $20.00 per hour. Paralegal work may not duplicate work done by the attorney and may not include billing for in-court activities. (d) An Attorneyattorney other than appointed com1sel may bill at the statutory rate on the indigent matter provided that; (1) the attorney is working at the direction of appointed counsel; (2) the attorney's assistance was required by circumstances beyond the control of appointed counsel and (3); (3) the attorney's assistance is limited in duration; and (4) the name of the attorney must be noted on the fee declaration. (e) In juvenile and youthful offender cases, names or any personally identifiable information of the child or parties to the matter must be redacted. Fee declarations containing this information, including uploaded supporting documents, will be denied and appointed counsel must re-file for payment. (f) Non-overhead expenses , including mileage, postage and reasonable costs of photocopying, in excess of $300.00 for a single event, must be approved by court order in advance of being incurred. For mileage reimbursements, counsel must claim the closer of home or office to the destination. To be reimbursed, 1-.06-1 appointed counsel must submit a fee declaration supported by copy of court order, invoices and receipts. Non-overhead expenses may be billed on an interim basis with the approval of the Director prior to claim submission. All reimbursement will be in accordance with Alabama Law and The State of Alabama Fiscal Policy and Procedure. Author: C. Roberts Statutory Authority: Code of Ala. 1975, §41-4-322(h) History: New Rule: Filed November 18, 2015; effective December 23, 2015; operative January 4, 2016. Amended: Published ______; effective ______. 1-.06-2