DAR File No. 32377
This filing was published in the 03/01/2009, issue, Vol. 2009, No. 5, of the Utah State Bulletin.
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 ReparationsAdministration
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 [email protected]
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
RULE TEXT
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.
ADDITIONAL INFORMATION
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact 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 [email protected]
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 02/26/2009 2:51 PM