DAR File No. 29220

Crime Victim Reparations, Administration

R270-1-26

Victim Services

NOTICE OF PROPOSED RULE

DAR File No.: 29220
Filed: 11/14/2006, 09:12
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule defines the procedures used by the Crime Victim Reparation (CVR) Board to provide funds for other victim services as authorized by Subsection 63-25a-406(1)(j). The amendment is necessary to define the term "sufficient reserve" and to provide additional guidelines regarding the submission of proposals for funding under this provision.

Summary of the rule or change:

The amendment defines "sufficient reserve" as used in the state statute which authorizes the CVR Board to provide funds to other victim services. The amended rule requires the CVR Board to annually determine whether a sufficient reserve exists prior to deciding whether to authorize other victim services grants. The rule established procedures for victim services grants.

State statutory or constitutional authorization for this rule:

Subsections 63-25a-406(1)(c) and (j)

Anticipated cost or savings to:

the state budget:

If the CVR Board at some point determines that a sufficient reserve does not exist, no grants will be authorized, meaning that the CVR Fund will not be further depleted. Also, the CVR Board's ability to help manage the reserve is enhanced because the Board will now establish an amount for grants on an annual basis, rather than responding to requests for funding as they appear throughout the year. The authority to grant money for victim services has previously existed, so the decision to authorize grants will not be a change.

local governments:

Local governments who receive grant awards will have additional funds. However, this has been the case previously.

other persons:

Other organizations that provide services to victims of crime will be eligible to apply. Again, this has been the case previously.

Compliance costs for affected persons:

Compliance will not be mandated for any person or group. Application for grant funds is completely voluntary. For those who do choose to apply, costs would be limited to staff time necessary to prepare the application and the cost of materials submitted to the CVR Board, which would be negligible.

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

The rule will potentially affect only non-profit organizations that provide services to victims of crime. It will not have a fiscal impact on those entities except to the extent that they are permitted to apply for grants funds.

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:

Connie Wettlaufer at the above address, by phone at 801-238-2371, by FAX at 801-533-4127, or by Internet E-mail at cwettlaufer@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:

01/02/2007

This rule may become effective on:

01/09/2007

Authorized by:

Ronald B Gordon, Director

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-26. Victim Services.

[Pursuant to Subsection 63-25a-406(1)(j), the CVR Board may approve victim service requests following receipt of an application or request for proposal. Applications or requests for proposals shall be submitted on a form approved by the CVR Board. Application requests for one time funding will be submitted to the CVR Board for their review and decision. Requests for ongoing funding may be approved by the CVR Board and then forwarded to the CVR grants program for administration and monitoring purposes. All requests for ongoing funding shall be reviewed annually to determine if additional funding is warranted. This process may be implemented in conjunction with the annual Victims of Crime Act (VOCA) request for proposal program. Each request shall comply with all CVR grant program guidelines, certifications and assurances as determined by the director. There is no commitment by the CVR office that once a grant has been funded that there will be any subsequent funding. Continuation of funding for new and existing projects is contingent on the availability of funds and a determination that a sufficient reserve has been established for reparation claims. Awards may be denied or limited as determined appropriate by the Board. Decisions by the CVR Board are final and may not be appealed. The CVR office shall review expenditures by award recipients to insure compliance with the provisions of the request. Recipients shall be required to provide the CVR office with all documentation and receipts requested.]A. Pursuant to Subsection 63-25a-406(1)(j), there is established a Victim Services Grant Program.

B. For purposes of Subsection 63-25a-406(1)(j), Asufficient reserve@ means enough funds to sustain the operation of the Office of Crime Victim Reparations, including administrative costs and reparations payments, for one year.

C. The CVR Board shall annually determine whether a sufficient reserve exists in the Crime Victim Reparation Fund. If a sufficient reserve does not exist, the CVR Board shall not authorize the Victim Services Grant Program for that year. If a sufficient reserve does exist, the CVR Board may authorize the Victim Services Grant Program for that year.

D. When the Victim Services Grant Program is authorized, the CVR Board:

1. shall determine the amount available for the Victim Services Grant Program for that year;

2. shall announce the availability of grant funds through a request for proposals or other similar competitive process approved by the Board; and

3. may establish funding priorities and shall include any priorities in the announcement of grant funds.

E. Requests for funding shall be submitted on a form approved by the CVR Board.

F. The CVR Board shall establish a process to review requests for funding and shall make final decisions regarding the approval, modification, or denial of requests for funding. The CVR Board may award less than the amount determined in Subsection (D)(1). The decisions of the CVR Board may not be appealed.

G. All awards shall be for a period of not more than one year. An award by the CVR Board shall not constitute a commitment for funding in future years. The CVR Board may limit funding for ongoing projects.

H. Award recipients shall submit quarterly reports to the Office of Crime Victim Reparations on forms established by the Director. The CVR staff shall monitor all victim services grants and provide regular reports to the CVR Board.

 

KEY: victim compensation, victims of crimes

Date of Enactment or Last Substantive Amendment: [October 23, 2006]2007

Notice of Continuation: July 3, 2006

Authorizing, and Implemented or Interpreted Law: 63-25a-401 et seq.