Title 500 | Chapter 016 | Regulation 010


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JUSTICE AND PUBLIC SAFETY CABINET
Office of the Secretary
(New Administrative Regulation)

500 KAR 16:010.Funds disbursement from the elder and vulnerable victims trust fund.

Section 1.

Definitions.

(1)

"Cabinet" means the Justice and Public Safety Cabinet as defined by KRS 15A.011(1).

(2)

"Elder Abuse Committee" is defined by KRS 209.005(1).

(3)

"Elder and vulnerable victim" means

(a)

A natural person sixty-five (65) years of age or older; or

(b)

A natural person eighteen (18) years of age or older who, because of mental or physical dysfunction, is unable to manage his or her own resources, carry out the activities of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services.

(4)

"Funded program" means any program, campaign, project, or combination thereof, proposed by an applicant for which the trust fund review panel grants an award of funds from the elder and vulnerable victims trust fund.

(5)

"Trust fund review panel" means the Elder Abuse Committee, with a representative from the cabinet and a representative from the Administrative Office of the Courts.

Section 2.

Funding Criteria.

(1)

The trust fund review panel may disburse funds from the elder and vulnerable victims trust fund.

(2)

If funds are disbursed from the elder and vulnerable victims trust fund, the trust fund review panel shall disburse said money in accordance with KRS 41.305.

(3)

In accordance with KRS 41.305(6), the trust fund review panel may only disburse available money from the elder and vulnerable victims trust fund to applicants that are qualified under KRS 41.305(6) as public or private nonprofit organizations, including government organizations, which have completed the application incorporated by reference in section 6 of this administrative regulation.

(4)

The applicant shall:

(a)

Complete and submit the application online at https://justice.ky.gov/Pages/index.aspx in the Grants Management Division section no later than August 1 of the state fiscal year prior to the state fiscal year in which the award funds would be disbursed. The trust fund review panel may grant an extension of time up to and including September 1 of the state fiscal year prior to the state fiscal year in which the award funds would be disbursed; and

(b)

Seek funding to:

1.

Develop or operate the programming outlined in KRS 41.305(6)(c); and

2.

Demonstrate the ability to comply with KRS 41.305(6)(a), (b), (c)1., 2., 3., and 4.

(5)

The trust fund review panel shall make its decision as to disbursement of available money based on:

(a)

The requirements in KRS 41.305;

(b)

An assessment of the applicant's ability to meet the purposes of KRS 41.305;

(c)

The strength of the applicant's plan, including project overview and proposed budget;

(d)

If applicable, consideration of whether grant requirements were met for a previous grant, including consideration of whether the applicant properly submitted required reports as well as the content of the reports;

(e)

An area of specific grant focus determined by the Elder Abuse Committee, if any; and

(f)

Other factors of similar importance in assessing the strength of an application.

Section 3.

Awards.

(1)

The trust fund review panel shall provide written notice of its decision regarding a grant application to a grant applicant no later than January 1 of state fiscal year prior to the state fiscal year in which the award funds would be disbursed.

(2)

If an award is granted to an applicant, the applicant shall execute a memorandum of agreement with the cabinet memorializing the proposed program prior to the disbursement of any funds.

(3)

Disbursement of money from the elder and vulnerable victims trust fund shall occur during the state fiscal year following the approval of funding by the trust fund review panel.

(4)

Denial of an award to an applicant by the trust fund review panel shall not be subject to an appeal.

Section 4.

Reporting. If an application for funding is approved by the trust fund review panel and funds are disbursed to the applicant, the organization or entity who is granted the funds shall:

(1)

Submit a quarterly report on the status of the funded program to the Grants Management Division (GMD) with the cabinet;

(2)

Submit a follow-up report within five (5) calendar days of conclusion of the funded program to the GMD; and

(3)

Submit a final report monitoring the success of the funded program within six (6) months of the conclusion of the funded project to the GMD.

(4)

Any report required by this section shall be in writing and delivered to JUSIGX@ky.gov. An email shall constitute a writing for purposes of this section.

Section 5.

Incorporation by Reference.

(1)

"Elder and Vulnerable Victims Trust Fund Grant Application", 2022, is incorporated by reference.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be viewed on the Justice and Public Safety Cabinet Web site at https://justice.ky.gov/about/pages/lrcfilings.aspx.

VICTORIA L. ELRIDGE, Committee Chairperson
KERRY HARVEY, Secretary
APPROVED BY AGENCY: October 19, 2022
FILED WITH LRC: November 1, 2022 at 9:20 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 23, 2023, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through January 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Nathan Goens, Attorney, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8216, fax (502) 564-6686, email Justice.RegsContact@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Nathan Goens
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the terms, standards, and criteria governing the disbursement of grant money from the elder and vulnerable victims trust fund.
(b) The necessity of this administrative regulation:
This administrative regulation is needed to establish the grant application process pursuant to KRS 41.305.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
Pursuant to KRS 41.305, the Justice and Public Safety Cabinet is required to promulgate administrative regulations to implement its fiscal, programmatic, and disbursement authority over the trust fund.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation complies with the requirement and need to have administrative regulations related to the Justice and Public Safety Cabinet’s fiscal, programmatic, and disbursement authority over the trust fund, and the administrative regulation establishes definitions and parameters for the operations of the trust fund review panel in its work related to disbursement of money from the elder and vulnerable victims trust fund.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N\A
(b) The necessity of the amendment to this administrative regulation:
N\A
(c) How the amendment conforms to the content of the authorizing statutes:
N\A
(d) How the amendment will assist in the effective administration of the statutes:
N\A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Approximately 30 public and private nonprofit organizations, including government organizations, involved in the development or operation of elder or vulnerable adult abuse, neglect, or financial exploitation prevention or intervention programs which apply for a grant from the elder and vulnerable victims trust fund will be affected by this regulation.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
In addition to completing the grant application incorporated in the administrative regulation by reference, the entities applying for grants will have to understand the definitions, how they apply in the application requirements, and the process required to apply for disbursement of money from the elder and vulnerable victims trust fund. Those entities awarded a grant will be required to submit reporting related to the funded program.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The regulation is not expected to involve any monetary costs beyond the costs associated with an unknown amount of time necessary to complete the required application and, if awarded, draft the required reports.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The entities and individuals will better understand how to apply for grant money under the trust fund, which will result in timely and efficient disbursement of money from the elder and vulnerable victims trust fund as well as the increased likelihood of such entities receiving a funding grant from the elder and vulnerable victims trust fund. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be a nominal amount of cost associated with implementing the regulation related to the time necessary for collecting and relaying applications and related award reports to the elder trust fund review panel, which is made up of unpaid volunteers, for review.
(b) On a continuing basis:
No cost is anticipated in the continuing implementation of this administrative regulation beyond a nominal amount of cost associated with collecting and relaying applications and related award reports to the elder trust fund review panel, which is made up of unpaid volunteers, for review.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Cabinet’s biennial budget and any portion of the Cabinet for Health is the source of funding for the implementation and enforcement of this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
This administrative regulation does establish any fees. A funding increase is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are not established or increased in this administrative regulation.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will impact the Justice and Public Safety Cabinet, the Cabinet for Health and Family Services, the trust fund review panel, and any government organizations involved in the development or operation of elder or vulnerable adult abuse, neglect, or financial exploitation prevention or intervention programs which apply for a grant from the elder and vulnerable victims trust fund.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, 41.305
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No revenue will be generated by this administrative regulation.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
No revenue will be generated by this administrative regulation.
(c) How much will it cost to administer this program for the first year?
There will be a nominal amount of costs associated with administering the program related to the amount of time necessary to collect and relay grant applications and related award reports to the elder trust fund review panel, which is made up of unpaid volunteers, for review.
(d) How much will it cost to administer this program for subsequent years?
There will be a nominal amount of ongoing costs associated with administering the program in subsequent years related to the amount of time necessary to collect and relay grant applications and related award reports to the elder trust fund review panel, which is made up of unpaid volunteers, for review.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is not anticipated to generate any cost savings for regulated entities in the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings for regulated entities in the subsequent years.
(c) How much will it cost the regulated entities for the first year?
The regulation is not expected to involve any monetary costs beyond the costs associated with the time necessary to complete the required application for a grant award.
(d) How much will it cost the regulated entities for subsequent years?
The regulation is not expected to involve any monetary costs for regulated entities for subsequent years beyond the costs associated with the time necessary to complete the required application and, if awarded, draft the required reports.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation is not anticipated to have a major economic impact.

7-Year Expiration: 5/30/2030

Last Updated: 5/31/2023


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