120-1-12 Standards governing contracts with non-profit organizations or the Ohio public defender for the provision of indigent representation.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Ohio Public Defender Commission

Agency Name

 

Miguel A. Santiago

Division                                                                  Contact

 

250 East Broad St. 14th floor Columbus OH 43215-2998

614-466-5394        614-644-9972

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

120-1-12

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Standards  governing  contracts  between  county  and  joint

county     public     defender     commissions      and      non-profit organizations for the provision of indigent representation.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 111.15

4.  Statute(s) authorizing agency to adopt the rule: 120.03(B)

5.  Statute(s) the rule, as filed, amplifies or implements: 120.03(B), 120.14, 120.24

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This filing is an update of the rule. The purpose of the update is clarify the rules approved by the Ohio Public Defender Commission in language that is more clear, accessible and hopefully lends itself to less confusion. The rules have not been updated since 2000, and both the Ohio Public Defender and the Ohio Public Defender Commission felt that revisions and updates were necessary both to bring our agency into compliance with the review process and to give better guidance to those who provide for representation of indigent defendants.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule sets standards governing contracts between county public defender commissions, joint county public defender commissions and non-profit organizations or the Ohio Public Defender. There are few substantive changes. The principal change was redrafting it from an ancient form of lawyerly English to something that someone might actually read and be able to understand even if it does get a little repetitive.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

The rule incorporates by reference the standards set fourth in the Ohio Supreme Court??s Supreme Court Rules For The Government Of The Bar Of Ohio. The Rules For The Government Of The Bar Of Ohio are readily available and easily accessible to the public in libraries, at the Ohio Supreme Court and at the Supreme Court??s website where the rules are currently posted on-line.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12. 119.032 Rule Review Date: 7/21/2009

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

Not applicable.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Not applicable.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No