CVB-13-08-00001-P Reimbursement of Claimant's Reasonable Transportation Expenses

3/26/08 N.Y. St. Reg. CVB-13-08-00001-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 13

March 26, 2008

RULE MAKING ACTIVITIES

CRIME VICTIMS BOARD

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CVB-13-08-00001-P

Reimbursement of Claimant's Reasonable Transportation Expenses

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

Addition of section 525.1(n) and (o) and amendment of section 525.26(b) of Title 9 NYCRR.

Statutory authority:

Executive Law, sections 626 and 631

Subject:

Reimbursement of claimants' reasonable transportation expenses.

Purpose:

To define and establish the process through which claimants may be reimbursed by the board for certain transportation expenses and allow claimants or potential claimants to be aware of what expenses the board would consider reimbursable under its statutory authority.

Text of proposed rule:

Two new subdivisions (n) and (o) are added to section 525.1 to read as follows:

(n) Reasonable transportation expenses incurred for necessary court appearances may include, but are not limited to, reasonable airplane, cab, bus or train fare, with receipts, or if a claimant has provided his or her own transportation, the federally recognized mileage reimbursement rate at the time the expense was incurred and the reasonable cost of hotel/motel stays if more cost effective than round-trip travel during a certain time period. The Board may require proof that such expenses were the most economical under the circumstances. Meals shall not be considered a related transportation expense.

(o) Expenses related to medical care may also include reasonable transportation expenses incurred for necessary, causally related medical care which may include, but are not limited to, reasonable airplane, cab, bus or train fare, with receipts, or if a claimant has provided his or her own transportation, the federally recognized mileage reimbursement rate at the time the expense was incurred and the reasonable cost of hotel/motel stays if more cost effective than round-trip travel during a certain time period. The Board may require proof that such expenses were the most economical under the circumstances. Meals shall not be considered a related transportation expense.

Subdivision (b) of section 525.26 is amended to read as follows:

(b) Except for calculating the reimbursement rate for mileage traveled in instances where a claimant has provided his or her own transportation, [The] the standards for the rates of reimbursement for state employees as promulgated by the Department of Audit and Control and set forth in 2 NYCRR Part 8, shall be followed in making a determination as to the reasonableness of the travel expense incurred as well as the amount of reimbursement. When a claimant has provided his or her own transportation, the standards for the rates of reimbursement for mileage traveled shall be calculated as set forth in subdivision (n) of section 525.1 of this part. The rates of reimbursement in effect on the date the travel expense for the necessary court appearance was incurred shall be controlling.

Text of proposed rule and any required statements and analyses may be obtained from:

John Watson, General Counsel, Crime Victims Board, One Columbia Circle, Suite 200, Albany, NY 12203, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority: New York State Executive Law, section 623 grants the Crime Victims Board (the Board) the authority to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of Article 22 of the Executive Law. New York State Executive Law, sections 626 and 631 provide that the Board may make awards to for out-of-pocket losses which include unreimbursed and unreimbursable expenses or indebtedness reasonably incurred for medical care and reasonable transportation expenses incurred for necessary court appearances in connection with the prosecution of such crimes upon which the claim is based.

2. Legislative objectives: By enacting the New York State Executive Law, sections 626 and 631, the Legislature sought to ensure that the Board could reimburse claimants' out-of-pocket losses reasonably incurred for medical care, such as transportation to obtain such care, and reasonable transportation expenses incurred for necessary court appearances in connection with the prosecution of such crimes upon which the claim is based.

3. Needs and benefits: Currently, New York State Executive Law, article 22, and 9 NYCRR 525, do not specify the process through which claimants may be reimbursed by the Board for certain transportation expenses or provide a definition of these expenses. From recent history to date, the Board has consistently interpreted the statute to mean such expenses could be reimbursed as an out-of-pocket loss reasonably incurred for medical care. Transportation expenses incurred for necessary court appearances, though allowed by statute are not defined. The Board has consistently determined that both of these transportation expenses may include, but are not limited to reasonable airplane, cab, bus or train fare with receipts or the federally recognized mileage reimbursement rate at the time the expense was incurred. The Board has also consistently determined that the reasonable cost of hotel/motel stays if more cost effective than round-trip travel during a certain period may be considered reasonable transportation expenses. The Board has consistently determined that meals should not be considered a reasonable transportation expense. These proposed regulations would define both reasonable transportation expenses incurred for necessary court appearances and related to medical care, and will allow claimants or potential claimants to be aware of what expenses the Board may consider reimbursable under its statutory authority.

4. Costs: a. Costs to regulated parties. For the most part, these proposed regulations would be codifying the Board's current interpretation of its statutory authority, therefore it is not expected that the proposed regulations would impose any additional costs to the agency or State.

b. Costs to local governments. These proposed regulations do not apply to local governments and would not impose any additional costs on local governments.

c. Costs to private regulated parties. The proposed regulations do not apply to private regulated parties and would not impose any additional costs on private regulated parties.

5. Local government mandates: These proposed regulations do not impose any program, service duty or responsibility upon any local government.

6. Paperwork: These proposed regulations do not require any additional paperwork requirements more than is currently required of the Board's claimants.

7. Duplication: These proposed regulations do not duplicate any other existing state or federal requirements.

8. Alternatives: Although the current Board has consistently applied its interpretation of Executive Law, sections 626 and 631, not implementing these proposed regulatory changes could result in inconsistent claimant award decisions in the future. The only parties impacted by these proposed regulatory changes would be future applicants for crime victim compensation. The victim advocacy community is fully aware of the Board's current interpretation of its statutory authority and as these proposed regulatory changes simply codify the Board's recent practices to date, there will be no significant change or impact to victims' award determinations.

9. Federal standards: Permissible under 42 USCS 10602.

10. Compliance schedule: The regulations will be effective on the date they are adopted.

Regulatory Flexibility Analysis

The New York State Crime Victims Board (the Board) projects there will be no adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments in the State of New York as a result of these proposed rule changes. This proposed rule change simply defines and establishes the process through which the Board may reimburse claimants' causally-related, transportation expenses. Since nothing in these proposed rule changes will create any adverse impacts on any small businesses or local governments in the state, no further steps were needed to ascertain these facts and one were taken. As apparent from the nature and purpose of these proposed rule changes, a full Regulatory Flexibility Analysis is not required and therefore one has not been prepared.

Rural Area Flexibility Analysis

The New York State Crime Victims Board (the Board) projects there will be no adverse impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas in the State of New York as a result of these proposed rule changes. This proposed rule change simply defines and establishes the process through which the Board may reimburse claimants' causally-related, transportation expenses. Since nothing in these proposed rule changes will create any adverse impacts on any public or private entities in rural areas in the state, no further steps were needed to ascertain these facts and none were taken. As apparent from the nature and purpose of these proposed rule changes, a full Rural Area Flexibility Analysis is not required and therefore one has not been prepared.

Job Impact Statement

The New York State Crime Victims Board (the Board) projects there will be no adverse impact on jobs or employment opportunities in the State of New York as a result of these proposed rule changes. This proposed rule change simply defines and establishes the process through which the Board may reimburse claimants' causally-related, transportation expenses. Since nothing in these proposed rule changes will create any adverse impacts on jobs or employment opportunities in the state, no further steps were needed to ascertain these facts and none were taken. As apparent from the nature and purpose of these proposed rule changes, a full Job Impact Statement is not required and therefore one has not been prepared.