al-al-6a6a343cbf4a671e3ae2a134: 355-9-1-.07 — Employment Of Experts, Court Reporters, And Investigators

APA-1 TRANSMITTAL SHEET FOR NOTICE OF INTENDED ACTION Control: 355 Department or Agency: Alabama Department of Finance Rule No.: 355-9-1-.07 Rule Title: Investigators Experts, Court Reporters, And Intended Action Amend Would the absence of the proposed rule significantly harm or No endanger the public health, welfare, or safety? Is there a reasonable relationship between the state’s police power and the protection of the public health, safety, or welfare? Yes 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 that might result from the absence of the proposed rule? NA 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? 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 accompanied by a fiscal note prepared in accordance with subsection (f) of Section 41-22-23, Code of Alabama 1975. 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 R E C ’D & F ILE D Date Tuesday, August 4, 2026 AUG 4, 2026 LEG ISL ATIV E S VC AG EN CY APA-2 ALABAMA DEPARTMENT OF FINANCE NOTICE OF INTENDED ACTION AGENCY NAME: State of Alabama Department of Finance 355-9-1-.07 Employment Of Experts, Court RULE NO. & TITLE: Reporters, And Investigators INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: The proposed amendment requires requests for experts, investigators and court reporters to comply with the Expert Fee Schedule published on the DOF's indigent defense website. Also fees to providers in capital cases may be submitted on a semi-annual basis and fees in non-capital cases to be paid on an interim basis. 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: Chris Roberts, Director Email: Christopher.Roberts@oids.alabama.gov (334) 242-7059 Jeffrey B Garber Jeffrey B Garber (Signature of officer authorized to promulgate and adopt rules or his or her deputy) 355-9-1-.07 Employment Of Experts, Court Reporters, And Investigators. All requests for experts, court reporters, and investigators (known collectively herein as "providers" or individually as "provider") must be in compliance with the Expert Fee Schedule available at https://finance.alabama.gov/indigent-defense and must be approved in advance by an order from the trial judge before they perform any work or services are performed. The date at which the provider(s) can begin to perform work or services to be paid by the State of Alabama is the date on which the trial judge signs the order granting the request. In order to effect payment for work and services performed by provider(s), the following procedure must be followed: (a) The appointed attorney must have filed a motion requesting the services of a provider and the trial judge must have issued an order approving each request. (b) The appointed attorney must complete a certification that the work or service submitted for payment has been performed and completed. (c) Each provider must file a Professional Services Fee Declaration (Form PFD-1) with a copy of the court order, the attorney certification, and an itemized invoice attached thereto. If the court's order is not specific as to the nature of the services to be performed or as to payment terms for the provider, the provider must attach a copy of the attorney's motion requesting the services. (d) Fees to providers in capital cases may be submitted on a semi-annual basis in a manner compliant with 355-9-1-.04(a). Fees to providers in non-capital cases may be paid on an interim basis only upon prior request and approval of the Director. (e) Payment of expenses related to the employment of Experts, Investigators and Court Reporters will be in accordance with Alabama Law and the State of Alabama Fiscal Policy and Procedure Manual. (f) Note regarding court reporters -in-court appearance fee for a court reporter is not payable from the Fair Trial Tax fund and should not be submitted to OIDS for payment. Court reporters are paid in accordance with Alabama Rules of Judicial Administration (ARJA) Rule 29(B) and the court reporter must file a Court Reporter Fee Declaration (Form C-62C). 1-.07-1 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-.07-2