CVB-12-07-00001-P Designation of a Crime Victims Board Claimant's Representative  

  • 3/21/07 N.Y. St. Reg. CVB-12-07-00001-P
    NEW YORK STATE REGISTER
    VOLUME XXIX, ISSUE 12
    March 21, 2007
    RULE MAKING ACTIVITIES
    CRIME VICTIMS BOARD
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. CVB-12-07-00001-P
    Designation of a Crime Victims Board Claimant's Representative
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
    Proposed action:
    This is a consensus rule making to add section 525.1(l) and amend section 525.7(a) of Title 9 NYCRR.
    Statutory authority:
    Executive Law, sections 621(6) and 633; Public Officers Law, section 96
    Subject:
    Designation of a Crime Victims Board claimant's representative.
    Purpose:
    To ensure the New York State Crime Victims Board is in compliance with its confidentiality obligations under Executive Law, section 633 and Public Officers Law, section 96, while at the same time providing a Crime Victims Board claimant the opportunity to designate a representative.
    Text of proposed rule:
    A new subdivision (l) is added to section 525.1 to read as follows:
    (l) “Representative” shall mean one who represents or stands in the place of another person, including but not limited to an agent, an assignee, an attorney, a guardian, a committee, a conservator, a partner, a receiver, an administrator, an executor or an heir of another person, or a parent of a minor. Parties who wish to designate a representative shall provide to the Board a notarized authorization compliant with Public Officers Law, section 96 before any confidential records of, or information about a claimant can be disclosed by the Board. This authorization shall be valid unless and until revoked by the claimant in writing. The form shall be as follows:
    Representative's Authorization by Crime Victims Board (CVB) Claimant
    Pursuant to New York State Executive Law, § 633 and Public Officers Law § 96, I:
    Name of CVB Claimant
    (Please print)
    CVB Claim Number
    hereby authorize:
    Name of Representative
    Address of Representative
    Phone Number of Representative
    to act as my representative in the above mentioned CVB claim. This authorization is to allow the New York State Crime Victims Board to share my information and records compiled for this claim with the above authorized representative. This authorization shall be valid until revoked by me in writing.
    Signature of CVB Claimant
    Date
    State of New York )
    ) ss.:
    County of
    )
    On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
    NOTARY PUBLIC
    Subdivision (a) of section 525.7 is amended to read as follows:
    525.7 Representation by attorney.
    (a) Parties have the right to be represented before the board or any member thereof, at all stages of a proceeding, by an attorney-at-law duly licensed to practice in the State of New York and/or before the Appellate Division upon judicial review of the board's final decision. Parties shall provide to the Board an authorization compliant with subdivision (l) of section 525.1 of this part.
    Text of proposed rule and any required statements and analyses may be obtained from:
    John Watson, General Counsel, Crime Victims Board, 845 Central Ave., Suite 107, Albany, NY 12206, (518) 457-8066, e-mail: johnwatson@cvb.state.ny.us
    Data, views or arguments may be submitted to:
    John Watson, General Counsel, Crime Victims Board, 845 Central Ave., Suite 107, Albany, NY 12206, (518) 457-8066, e-mail: johnwatson@cvb.state.ny.us
    Public comment will be received until:
    45 days after publication of this notice.
    Consensus Rule Making Determination
    This rule is being proposed as a consensus rule because, in accordance with the State Administrative Procedure Act section 102(11)(b), it implements or confirms to non-discretionary statutory provisions. Subdivision (6) of section 621 of the Executive Law defines “Representative” of a Crime Victims Board claimant. Section 633 of the Executive Law requires the New York State Crime Victims Board's records relating to a claim submitted by a victim or claimant, shall be deemed confidential with limited exceptions. One such exception (Executive Law, section 633(1)(c)) is when requests for information are made by the victim, claimant or their authorized representative.
    Furthermore, under the Personal Privacy Protection Law, subdivision (1) of section 96 of the Public Officers Law designates how the disclosure of any record or personal information can be made by an agency. Section 96 requires that, “(1) No agency may disclose any record or personal information unless such disclosure is: (a) pursuant to a written request by or the voluntary written consent of the data subject, provided that such request or consent by its terms limits and specifically describes: (i) the personal information which is requested to be disclosed; (ii) the person or entity to whom such personal information is requested to be disclosed; and (iii) the uses which will be made of such personal information by the person or entity receiving it;”.
    Pursuant to the aforementioned statutory authority, the proposed rule would amend section 525.1 of Title 9 NYCRR to include the definition of claimant “representative” and the form necessary for the representative's authorization by Crime Victims Board claimant. The proposed rule would also amend subdivision (a) of section 525.7 of Title 9 NYCRR as it relates to a claimant's representation by an attorney, to require the claimant provide an authorization designating the attorney to act as their representative to the Crime Victims Board.
    The proposed consensus rule is submitted by the New York State Crime Victims Board in order to ensure the New York State Crime Victims Board is in compliance with its confidentiality obligations under Executive Law, section 633 and Public Officers Law, section 96, while at the same time providing a Crime Victims Board claimant the opportunity to designate a representative.
    Job Impact Statement
    The New York State Crime Victims Board projects no substantial adverse impact on jobs or employment opportunities in the State of New York as a result of this rule. The rule simply ensures the New York State Crime Victims Board is in compliance with its confidentiality obligations under Executive Law, section 633 and Public Officers Law, section 96, while at the same time providing a Crime Victims Board claimant the opportunity to designate a representative. There will be no change in the number of agency employees as a result of these regulations. Nothing in the proposed regulations will increase or decrease the number of jobs in New York State, have an adverse impact on specific regions in New York State or negatively impact jobs in New York State.

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