Crime Victim Reparations, Administration

Rule R270-2

Crime Victim Reparations Adjudicative Proceedings

Notice of Proposed Rule

(Amendment)

DAR File No.: 37063
Filed: 11/15/2012 03:45:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In Section R270-2-2, language creates consistency between the time line for program eligibility and the opportunity to appeal eligibility issues.

Summary of the rule or change:

In Section R270-2-2, individuals applying to the program for assistance are permitted three years from the date of receipt of application to use approved benefits. The rule allows that same three-year time period for individuals whose initial claim or benefit request was denied to file for an appeal of that denial. Currently, the rule is on silent regarding timelines for contested claims.

State statutory or constitutional authorization for this rule:

• Section 63G-3-402

Anticipated cost or savings to:

the state budget:

Any impact to the state budget would be negligible. Prior to 2007, applicants had 30 days from the date they received notification of denial to file an appeal. This required the office to send those notifications via certified mail. The majority of those mailings were returned without delivery. The agency and the CVRA Board at that time determined that savings could be realized by not sending those notifications via certified mail and that the 30-day time limit to file an appeal would be waived. Currently, there is not a "deadline" within which a person must or may appeal the denial of an application, which could potentially leave the state exposed to some liability indefinitely in those cases. This rule change narrows the time limit for filing an appeal from indefinite to three years from the date the application was received. If the rule change impacts the state budget, it will be in the form of savings however, that amount will be negligible because the vast majority of appeals, of which there are very few, are filed immediately following the denial of the requested benefit. This rule change merely places a reasonable time limit on an otherwise open ended process.

local governments:

If the agency surmises hypothetical scenarios in which this rule change might affect local governments, the agency supposes one could suggest that local governments would see a decrease in GRAMA requests for incident information occurring more than three years in the past. Beyond that, it is relatively inconceivable that this rule change would impact local government.

small businesses:

Small businesses nor large businesses are eligible to apply for benefits from the agency. However, if a business provided services to an individual in anticipation of that individual receiving a benefit from the agency, that business would have three years to encourage the individual to file an appeal with the agency rather than wait indefinitely for the applicant to initiate an appeal. Beyond that scenario, it is relatively inconceivable that this rule change would impact small businesses.

persons other than small businesses, businesses, or local governmental entities:

Potential benefit recipients will have the same timelines as actual recipients.

Compliance costs for affected persons:

Compliance costs for affected persons under this rule change will not be any different than for those currently. The appeal process itself does not change. Under the rule change, the applicant will have three years from the date they submitted their application to file an appeal rather than an indefinite time period.

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

This rule is not likely to have a fiscal impact on businesses.

Gary Scheller, Director

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

Crime Victim Reparations
AdministrationRoom 200
350 E 500 S
SALT LAKE CITY, UT 84111-3347

Direct questions regarding this rule to:

• Gary Scheller at the above address, by phone at 801-238-2362, 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:

12/31/2012

This rule may become effective on:

01/07/2013

Authorized by:

Gary Scheller, Acting Director

R270. Crime Victim Reparations, Administration.

R270-2. Crime Victim Reparations Adjudicative Proceedings.

R270-2-1. Contested Determinations.

Pursuant to Section 63M-7-515(1), the Director shall review contested determinations by a reparation officer or designate the CVRA Board to review the contested determination. The Director will keep the CVRA Board apprised of all contested determinations. The decision of the Director or the CVRA Board is final and may not be appealed.

 

R270-2-2. Three Year Limitation.

Pursuant to 63M-7-506(1) and 63M-7-525(2) any right to contest a determination of eligibility or of a benefit by a reparation officer shall expire three years from the date of application with the UOVC office. The Director may extend the right to contest a determination after the three year expiration rule if extenuating circumstances exist or if the claim has already been extended by a reparation officer pursuant to R270-1-22.

 

KEY: appellate procedures, administrative procedures

Date of Enactment or Last Substantive Amendment: [September 15, 2000]2013

Notice of Continuation: June 29, 2011

Authorizing, and Implemented or Interpreted Law: 63G-3