DAR File No. 32377

Crime Victim Reparations, Administration

R270-1-21

Three Year Limitation

NOTICE OF PROPOSED RULE

DAR File No.: 32377
Filed: 02/13/2009, 04:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment deletes unnecessary language.

Summary of the rule or change:

The amendment deletes language regarding notification to claimants of the implementation of this rule. Those notifications have been provided and the language is no longer necessary. The amendment also deletes language that provides that claims for permanent disability or loss of support are not subject to the three-year limitation rule. The permanent disability category of claims was removed from statute several years ago and the Office pays all loss of support claims within three years. Therefore, this language is also unnecessary.

State statutory or constitutional authorization for this rule:

Subsection 63M-7-506(1)(c)

Anticipated cost or savings to:

the state budget:

This amendment will have no impact on the state budget because it will not impact any payment practices. Payments will not increase or decrease as a result of deleting the unnecessary language.

local governments:

This amendment will have no fiscal impact on local government because it will not impact any payment practices. Payments will not increase or decrease as a result of deleting the unnecessary language.

small businesses and persons other than businesses:

This amendment will have no fiscal impact on small businesses because it will not impact any payment practices. Payments will not increase or decrease as a result of deleting the unnecessary language.

Compliance costs for affected persons:

Because the amendment only deletes unnecessary language and does not change any payment practices or procedures, there will be no affected persons and no compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amendment simply removes language that is no longer necessary. It will have no impact on payments or procedures and will therefore have no fiscal impact on businesses. Robert Yeates, Executive Director, Commission on Criminal and Juvenile Justice

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Crime Victim Reparations
Administration
350 E 500 S
SALT LAKE CITY UT 84111-3347

Direct questions regarding this rule to:

Ronald B Gordon at the above address, by phone at 801-238-2367, by FAX at 801-533-4127, or by Internet E-mail at rbgordon@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/31/2009

This rule may become effective on:

04/07/2009

Authorized by:

Ronald B Gordon, Director

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-21. Three Year Limitation.

Pursuant to Subsections 63M-7-506(1)(c) and 63M-7-525(2) a claim for benefits expires and no further payments will be made with regard to the claim after three years have elapsed from the date of application with the CVR office. [All claimants who have filed a claim for benefits with the CVR office prior to the effective date of this rule shall be notified in writing of the three year limitation for payment of benefits. Any claimant who filed a claim for benefits more than two and one-half years prior to the effective date of this rule, other than a claim for benefits for permanent disability or loss of support, shall be notified in writing that they have six months in which to submit any remaining expenses before the three year limitation is imposed and the claim is closed. Claims for benefits for permanent disability or loss of support filed prior to the effective date of this rule shall not be subject to the three year limitation. The Crime Victim ]Reparations Officers may extend[review extenuating circumstances on] claims that have been closed because of the Three Year Limitation rule if extenuating circumstances exist.

 

KEY: victim compensation, victims of crimes

Date of Enactment or Last Substantive Amendment: [January 21], 2009

Notice of Continuation: July 3, 2006

Authorizing, and Implemented or Interpreted Law: 63M-7-501 et seq.