(a) To the minimum liability for legal expenses described in Adm 1005.01(a) shall be added:
- (1) Any liability to repay the cost to the state for the provision of additional defense services and expenses established by judicial order; and
- (2) Pursuant to RSA 604-A:9, I(f), a service charge of no more than 10 per cent of the total amount of counsel fees and expenses owed by a defendant under the circumstances described in (b) below.
(b) A defendant shall pay a service charge of no more than 10 per cent of the total amount of counsel fees and expenses owed the state when:
(1) The defendant has:
- a. Expressly refused to make installment payments or to arrange for adjustments pursuant to Adm 1005.03; or
- b. Has not made or has ceased making installment payments and has failed to contact the office of cost containment; and
- (2) The office of cost containment has sent the defendant at least one letter indicating its intent to seek judicial enforcement of the repayment order and to impose a service charge, as specified in this section.
(c) After receiving the notice specified in (b)(2), above, a defendant shall either:
- (1) Contact the office of cost containment to arrange to pay such liabilities; or
(2) Petition the court for an adjustment pursuant to Adm 1005.03; and:
- a. Within 5 days of filing such petition, notify the office of cost containment that such petition has been filed; and
- b. Within 5 days of the court’s order on such petition, submit the order to the office of cost containment.
Source. (See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20