Home » 2010 Issues » July 14, 2010 » OVS-28-10-00001-E Practices and Procedures Before the Office of Victim Services
OVS-28-10-00001-E Practices and Procedures Before the Office of Victim Services
7/14/10 N.Y. St. Reg. OVS-28-10-00001-E
NEW YORK STATE REGISTER
VOLUME XXXII, ISSUE 28
July 14, 2010
RULE MAKING ACTIVITIES
OFFICE OF VICTIM SERVICES
EMERGENCY RULE MAKING
I.D No. OVS-28-10-00001-E
Filing No. 671
Filing Date. Jun. 23, 2010
Effective Date. Jun. 23, 2010
Practices and Procedures Before the Office of Victim Services
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of Part 525 and addition of new Part 525 to Title 9 NYCRR.
Statutory authority:
Executive Law, art. 22, section 623(3), L. 2010, ch. 56
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
Chapter 56 of the Laws of 2010 (enacting portions of the FY 2010-2011 State Budget) eliminates the New York State Crime Victims Board and creates the Office of Victim Services as a new Executive Agency. Previous regulations, Part 525 of Title 9 NYCRR, outlined the Practice and Procedure Before the Board. As the Board no longer exists pursuant to Chapter 56, the previous Part 525 of Title 9 NYCRR shall be repealed and a new Part 525 of Title 9 NYCRR shall be added to outline the Practice and Procedure Before the Office of Victim Services. This new Part shall retain much of the former Board’s regulatory structure, but is altered to reflect the elimination of the Board and any new requirements created by Chapter 56. This new Part also reorganizes certain provisions of the former Board’s regulatory structure and eliminates confusing language or provisions that were either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22.
These changes have been determined to be necessary for the general welfare of not only the residents of the State of New York but any person who may be the innocent victim of a crime within the State regardless of their residency or citizenship. These changes are necessary in order to ensure the continued, uninterrupted provision of assistance, as required by both State and federal law, to innocent victims of crime in New York State.
Subject:
Practices and procedures before the Office of Victim Services.
Purpose:
To implement regulations necessary for the proper implementation of chapter 56 of the Laws of 2010.
Substance of emergency rule:
Chapter 56 of the Laws of 2010 (enacting portions of the FY 2010-2011 State Budget) eliminates the New York State Crime Victims Board (the Board) and creates the Office of Victim Services (the Office) as a new Executive Agency. Previous regulations, Part 525 of Title 9 NYCRR, outlined the Practice and Procedure Before the Board. As the Board no longer exists pursuant to Chapter 56, the previous Part 525 of Title 9 NYCRR shall be repealed and a new Part 525 of Title 9 NYCRR shall be added to outline the Practice and Procedure Before the Office of Victim Services. This new Part shall retain much of the former Board’s regulatory structure, but is altered to reflect the elimination of the Board and any new requirements created by Chapter 56. This new Part also reorganizes certain provisions of the former Board’s regulatory structure and eliminates confusing language or provisions that were either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22. A summary of the changes between the previous Part and the new Part are as follows:
Subdivisions (a) through (j) of the previous section 525.1 are deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. Subdivision (o) of the previous section 525.1 is relocated to be included under the definition of medical services or medical expenses [new section 525.1(d)(2)]. The last two sentences of subdivision (q) of the previous section 525.1 are relocated to be included under manner of payments; awards [new section 525.10(g)(6)]. The new 525.1 contains subdivisions (a) through (g) to define/further clarify: child victim [pursuant to Executive Law, section 627(1)(d)], conduct contributing, representative, medical services or medical expenses, transportation expenses incurred for necessary court appearances, hospitalization, and financial counseling.
Subdivisions (a) through (d) of the previous section 525.2 are deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. The new 525.2 contains: a new subdivision (a) related to the electronic filing of claims [pursuant to Executive Law, section 625(3)], the previous subdivision (e) re-lettered as subdivision (b), and a new subdivision (c) related to the initial processing of claims [pursuant to Executive Law, section 627(1)(b)].
Subdivision (d) of the previous section 525.3 is relocated to be included under decision on a claim [new section 525.4(a)]. The new 525.3 contains: in subdivision (a) a time frame during which a claim must be assigned, in subdivision (b) a time frame during which a claim must be investigated [both pursuant to Executive Law, section 627(1)(b)] and a new subdivision (d) related to all claims being investigated regardless of subsequent arrest or conviction [pursuant to Executive Law, section 627(1)(c)].
Subdivision (a) of the previous 525.4 is altered to reflect the elimination of the Board and is relocated to subdivision (b). Subdivision (b) of the previous 525.4 is altered to reflect the elimination of the Board Members and is relocated to subdivision (e). The new 525.4 also contains: a new subdivision (a) containing the language from the previous 525.3 (mentioned above), a new subdivision (c) related to the federal VOCA requirement that a claimant cooperate with the reasonable requests of law enforcement, a new subdivision (d) related to all claims receiving a decision regardless of subsequent arrest or conviction [pursuant to Executive Law, section 627(1)(c)], and in subdivisions (e) and (f) language to explain when anticipated payment may be made and the decision is the written report the claimant is entitled to [pursuant to Executive Law, section 627(1)(e)].
There are no substantive changes between the previous or new 525.5.
The new 525.6 retains much of the previous 525.6 with the following exceptions: the new subdivision (d) makes the claimant financially responsible for previously scheduled medical exams which were not attended without justification, the new subdivision (f) states that hearings may be adjourned by the office only, not upon the request of any interested party, the new subdivision (g) is rewritten to comply with the confidentiality provisions of the Executive Law, claimant hearings shall not be open to the public, and the new subdivision (i) the hearings shall simply take place at a time and place designated by the office.
The new 525.7 includes language in subdivision (a) that the office shall provide certain written notice about attorney representation to applying claimants [pursuant to Executive Law, section 627(1)(a)].
There are no substantive changes between the previous or new 525.8.
The previous 525.9 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. The new 525.9 includes the language of the previous 525.10 related to emergency awards.
The previous 525.10 is renumbered to the new 525.9 (above). The new 525.10 includes the language of the previous 525.12 related to manner of payment; awards. The new 525.10 retains much of the previous 525.12 language with the following exceptions: the previous 525.12(g)(2)(i) to (iv) is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22, the new subdivision (g)(5) contains the language of the previous 525.26 related to court transportation expenses with clarification that such expenses are available to any eligible claimant, the new subdivision (i)(3)(i) related to determining period of disability for loss of earnings (a regulation previously submitted to the State Register, CVB-52-09-00002-P though never adopted), the new subdivision (j) related to awards for livery cab operators [pursuant to Executive Law, section 627(1)(f)], the new subdivision (k) related to awards for loss of earnings or loss of support in excess of that which was initially awarded [pursuant to Executive Law, section 627(1)(g)], and the new subdivision (l) which contains the statutory references and requirements of the previous 525.11 related to reduction of awards for collateral payments.
The previous 525.11 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22, but references to the reduction of awards for collateral payments are included in the new 525.10(l) (above). The new 525.11 includes the language of the previous 525.13 related to review of a decision on a claim. The new 525.11 retains much of the previous 525.13 language with the following exceptions: the previous 525.13(b) and (c) are altered to reflect the elimination of the Board Members and the remaining language relocated to the new subdivision (b), the new subdivision (b) eliminates certain language contained in the previous 525.13(c) related to hearings being mandatory unless waived by the claimant, the new subdivision (c) relates to the notice to be included on a final determination [pursuant to Executive Law, section 627(1)(e)].
The new 525.12 contains the language of the previous 525.14 related to judicial review.
The new 525.13 is related to the confidentiality of and access to claimant records. The provisions of the previous 525.15 combined both public and claimant records in one section which was unworkable. The previous 525.15 is deleted and two new, separate sections related to claimant records (525.13) and the access of public records (FOIL) (525.21) are included in its place.
The new 525.14 contains the language of the previous 525.16 related to the availability of rules.
The new 525.15 contains the language of the previous 525.25 related to requests for reduction of a lien to reflect the elimination of the Board Members.
The new 525.16 contains the language of the previous 525.30 related to battered spouses shelter cost guidelines.
The previous 525.17 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. The new 525.17 contains the language of the previous 525.31 related to crimes committed by family members.
The previous 525.18 was renumbered to the new 525.29. The new 525.18 contains the language of the previous 525.32 related to victims of human trafficking, presumption of physical injury.
The previous 525.19 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. The new 525.19 contains the language of the previous 525.33 related to the prohibited use of personal identifying information.
The previous 525.20 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22, to reflect the elimination of the Board. The new 525.20 relates to victim assistance programs and their role in preparing and assisting in the processing of claims to the office [pursuant to Executive Law, sections 623(3) and 627(1)(b)]. It also provides clarification of the office's confidentiality responsibilities.
The previous 525.21 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22, to reflect the elimination of the Board. The new 525.21 relates to the access of public records, containing the model FOIL regulations as developed by the DOS Committee on Open Government and reflecting the elimination of the Board Members. See also, the explanation for the new 525.13 (above).
The previous 525.22 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22, to reflect the elimination of the Board. There is not a new 525.22.
The previous 525.23 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. There is not a new 525.23.
The previous 525.24 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. There is not a new 525.24.
The provisions of the previous 525.25 were generally included in the new 525.15 related to requests for further reduction of lien. There is not a new 525.25.
The provisions of the previous 525.26 are generally included in the new 525.10(g)(5). There is not a new 525.26.
The previous 525.27 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. There is not a new 525.27.
The previous 525.28 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. There is not a new 525.28.
There was not a previous 525.29. The new 525.29 contains the language of the previous 525.18 related to the construction of rules.
The previous 525.30 was renumbered as the new 525.16. The new 525.30 provides for a severability clause.
The previous 525.31 is renumbered as the new 525.17, there is not a new 525.31. The previous 525.32 is renumbered as the new 525.18, there is not a new 525.32. The previous 525.33 is renumbered as the new 525.19, there is not a new 525.33.
This notice is intended
to serve only as an emergency adoption, to be valid for 90 days or less. This rule expires September 20, 2010.
Text of rule and any required statements and analyses may be obtained from:
John Watson, General Counsel, Office of Victim Services, One Columbia Circle, Suite 200, Albany, New York 12203, (518) 457-8066, email: johnwatson@cvb.state.ny.us
Regulatory Impact Statement
1. Statutory authority: The New York State Executive Law, Article 22 which created the Crime Victims Board (the Board) was originally enacted by Chapter 894 of the Laws of 1966. During its existence for over four decades the Board had 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. The rules and regulations which evolved during that time are found in Part 525 of Title 9 of the New York Codes Rules and Regulations (NYCRR). Recently, Chapter 56 of the Laws of 2010 (enacting portions of the FY 2010-2011 State Budget) amended Article 22 of the Executive Law to eliminate the Board and create the Office of Victim Services (the Office) as a new Executive Agency. Chapter 56 provides in subdivision 3, section 623 of the Executive Law, that the Office shall have the power and duty to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of Article 22 of the Executive Law.
2. Legislative objectives: By enacting Chapter 56 of the Laws of 2010, the Legislature sought to ensure that, although the Board itself would be eliminated, the provisions and purpose of Article 22 of the Executive Law would continue under a reorganized Executive Agency to be known as the Office of Victim Services.
3. Needs and benefits: Chapter 56 of the Laws of 2010 eliminates the New York State Crime Victims Board and creates the Office of Victim Services as a new Executive Agency. Previous regulations, Part 525 of Title 9 NYCRR, outlined the Practice and Procedure Before the Board. As the Board no longer exists pursuant to Chapter 56, the previous Part 525 of Title 9 NYCRR must be repealed and a new Part 525 of Title 9 NYCRR must be added to outline the Practice and Procedure Before the Office of Victim Services. This new Part shall retain much of the former Board's regulatory structure, but is altered to appropriately reflect the elimination of the Board and all new requirements created by Chapter 56. This new Part also reorganizes certain provisions of the former Board's regulatory structure and eliminates language that is either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22 in order to avoid any confusion on the part of the Office or the public. These changes are necessary in order to ensure the continued, uninterrupted provision of assistance, as required by State and federal law, to innocent victims of crime in New York State.
4. Costs:
a. Costs to regulated parties. These proposed regulations would codify much of the former Board's regulatory structure and all new regulatory requirements created by Chapter 56, therefore it is not expected that the proposed regulations would impose any additional costs to the agency or State. The proposed regulatory changes may, in fact, result in saving the agency and State money when the volume of otherwise ineligible claims filed with the Board decreases because claimants or potential claimants would now have access to a more concise and clear regulatory structure.
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.
7. Duplication: These proposed regulations do not duplicate any other existing state or federal requirements.
8. Alternatives: These proposed regulations retain much of the former Board's regulatory structure, but are altered to reflect the elimination of the Board and any new regulatory requirements created by Chapter 56. The proposed regulations also reorganize certain provisions of the former Board's regulatory structure and eliminate confusing language or provisions that were either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22. While the changes and reorganization are significant, a wholesale, substantive change to the former Board's regulatory structure was not considered in order to ensure a smooth transition during the agency's reorganization and the continued, uninterrupted provision of assistance, as required by State and federal law, to innocent victims of crime in New York State.
9. Federal standards: Permissible under 42 USC 10602.
10. Compliance schedule: The regulations will be effective immediately.
Regulatory Flexibility Analysis
The Office of Victim Services 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 this proposed rule change. This proposed rule change simply codifies much of the former New York State Crime Victims Board’s (the Board) regulatory structure, reflects the elimination of the Board and any new regulatory requirements created by Chapter 56 of the Laws of 2010, reorganizes certain provisions of the former Board’s regulatory structure and eliminates confusing language or provisions that were either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22. Since nothing in this proposed rule change 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 none were taken. As apparent from the nature and purpose of this proposed rule change, a full Regulatory Flexibility Analysis is not required and therefore one has not been prepared.
Rural Area Flexibility Analysis
The Office of Victim Services 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 this proposed rule change. This proposed rule change simply codifies much of the former New York State Crime Victims Board’s (the Board) regulatory structure, reflects the elimination of the Board and any new regulatory requirements created by Chapter 56 of the Laws of 2010, reorganizes certain provisions of the former Board’s regulatory structure and eliminates confusing language or provisions that were either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22. Since nothing in this proposed rule change 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 this proposed rule change, a full Rural Area Flexibility Analysis is not required and therefore one has not been prepared.
Job Impact Statement
The Office of Victim Services projects there will be no adverse impact on jobs or employment opportunities in the State of New York as a result of this proposed rule change. This proposed rule change simply codifies much of the former New York State Crime Victims Board’s (the Board) regulatory structure, reflects the elimination of the Board and any new regulatory requirements created by Chapter 56 of the Laws of 2010, reorganizes certain provisions of the former Board’s regulatory structure and eliminates confusing language or provisions that were either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22. Since nothing in this proposed rule change 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 this proposed rule change, a full Job Impact Statement is not required and therefore one has not been prepared.
