DAR File No. 40688

Crime Victim Reparations, Administration

Rule R270-2

Crime Victim Reparations Adjudicative Proceedings

Notice of Proposed Rule

(Amendment)

DAR File No.: 40688
Filed: 08/23/2016 09:26:04 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is adopted pursuant to Subsection 63M-7-515(1) for the purpose of creating procedures for adjudicating contested determinations made by a reparations officer. The reason for the changes to the rule is to clarify titles throughout the rule.

Summary of the rule or change:

Title changes were made throughout the rule.

Statutory or constitutional authorization for this rule:

• Section 63M-7-515

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget that are expected. The changes to the rule only update certain titles throughout the rule.

local governments:

There are no anticipated costs or savings to local government that are expected. The changes to the rule only update certain titles throughout the rule.

small businesses:

There are no anticipated costs or savings to small businesses that are expected. The changes to the rule only update certain titles throughout the rule, and the rule does not apply to small businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities that are expected. The changes to the rule only update certain titles throughout the rule.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons. The changes to the rule only update certain titles throughout the rule.

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

There are no anticipated fiscal impacts that this rule will have on businesses. The changes to the rule only update certain titles throughout the rule and do not have an impact on businesses.

Ron Gordon, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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 garys@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:

10/17/2016

This rule may become effective on:

10/24/2016

Authorized by:

Gary Scheller, Director

R270. Crime Victim Reparations, Administration.

R270-2. Crime Victim Reparations Adjudicative Proceedings.

R270-2-1. Authority and Purpose.

This rule is adopted pursuant to Subsection 63M-7-515(1) for the purpose of creating procedures for adjudicating contested determinations made by a reparations officer.

 

R270-2-2. Definitions.

Terms used in this rule are found in Section 63M-7-502.

 

R270-2-[1]3 . Contested Determinations.

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

 

R270-2-[2]4 . 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]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 R270-1-2[1]2.

 

KEY: appellate procedures, administrative procedures

Date of Enactment or Last Substantive Amendment: [January 7, 2013]2016

Notice of Continuation: June 15, 2016

Authorizing, and Implemented or Interpreted Law: [63G-3]63M-7-515