Title 802 | Chapter 003 | Regulation 040REG
PROPOSED
This document is not yet current.
PUBLIC PROTECTION CABINET
Office of Claims and Appeals
Crime Victims Compensation Board
(New Administrative Regulation)
802 KAR 3:040.Additional Award Requests.
Section 1.
Additional Award Requests. Pursuant to KRS 49.370, the board may grant additional awards to or on behalf of claimants or victims after the board has granted an initial award, in the event the claimant or victim incurs, or obtains proof of, additional eligible expenses after the grant of the initial award.Section 2.
Process for Additional Awards.(1)
Claimants and victims may file additional award requests by mail, email, fax, or through the online claim filing portal.(2)
As part of an additional award request, the claimant or victim shall submit the following:(a)
Written request for an additional award; and(b)
Copies of the expenses that constitute the additional award request, along with supporting documentation.(3)
A new claim form shall not be required for an additional award request.(4)
To the extent practicable, any ancillary documentation required to substantiate the additional award request, which was submitted in the originating claim, shall be taken from the originating claim. The claimant or victim shall be notified by board staff if any additional ancillary documentation is required to substantiate the request.(5)
All additional award requests shall be assigned a new claim number in the board's claim processing system.(6)
The aggregate award totals from the originating claim and any additional awards shall not exceed the monetary award maximums established in KRS 49.370(5).LANOLA PARSONS, Chairperson, Crime Victims Compensation Board
JOHN HARDESTY, Executive Director
APPROVED BY AGENCY: January 14, 2025
FILED WITH LRC: January 15, 2025 at 10:32 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held at 10:00 am on March 27, 2025, in Room 247 CE of the Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky 40601.The hearing shall be conducted both in-person and virtually via Microsoft Teams videoconferencing. Individuals interested in attending the public hearing virtually may access the hearing at: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_ZmM3NGRiODYtYjBmYi00ZWE4LTg1OWQtN2JjNjFkYzgzZjcw%40thread.v2/0?context=%7b%22Tid%22%3a%22d77c7f4d-d767-461f-b625-0628792e9e2a%22%2c%22Oid%22%3a%22636ef07a-f33f-4378-b8ae-79c6f05a1438%22%7d. The Meeting ID is: 237 908 005 529. The Passcode is: 48N9bQ2U. For phone access, please dial +1 502-632-6289, 867966031# and enter the following Phone Conference ID: 867 966 031#. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. 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 11:59 PM EST on March 31, 2025. Please 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: Shelby Bevins-Sullivan, Staff Attorney, 500 Mero Street, 2 SC 1, Frankfort, Kentucky 40601. Phone: 502-782-3556. Fax: 502-573-4817. Email: sbevinssullivan@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Shelby Bevins-Sullivan
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation sets forth the procedures for crime victims wishing to file an additional award for compensable expenses that arise after being granted an initial award.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to comply with KRS 49.370, which enumerates the specific types of expenses the Crime Victims Compensation Board is authorized to award and implicitly allows the board to grant subsequent awards to the same victim or claimant as new expenses arise after the grant of the initial award.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The proposed regulatory language conforms with KRS 12.080, which authorizes the Governor to prescribe general rules for the conduct of departments; KRS 49.010(4)(b), 49.020(7)(a) and KRS 49.300(1), which authorizes the promulgation of regulations to carry out the duties of the office and the Crime Victims Compensation Board; and KRS 49.370(2)(b), which permits the board to promulgate administrative regulations to establish additional guidelines for awards pursuant to KRS 49.370.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The proposed regulation establishes the procedure for filing requests for additional awards with the Crime Victims Compensation Board.
(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:
The Public Protection Cabinet, the Office of Claims and Appeals, the Crime Victims Compensation Board, and any person or entity filing a claim with the Crime Victims Compensation Board.
(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:
None known. Board staff has already been processing requests for additional awards in the manner established in this regulation. The regulation simply standardizes the procedures.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no expected expenditures because of this administrative regulation. Current staff will implement the provisions once promulgated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Requests for additional awards will be processed more efficiently and claimants and victims will have a better understanding of how to submit a request for an additional award.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
None. Current staff and agency funds will provide implementation.
(b) On a continuing basis:
None.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Current agency budgetary funding will be used to implement and enforce 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:
No additional funding or increase in fees is needed.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are directly or indirectly established or increased by the administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applicable as the proposed language will be applied equally to all entities impacted by it.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 13B.005, et seq., KRS 49.020(7)(a), KRS 49.370, and Victims of Crime Act ("VOCA"), 34 U.S. Code § 20101, et seq.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Public Protection Cabinet, Office of Claims and Appeals, Crime Victims Compensation Board is the promulgating agency. No other state governmental entity should be impacted by this proposed regulation.
(a) Estimate the following for the first year:
Expenditures:
The administrative regulation should not directly create any additional expenses for any state agency after implementation. It only provides clarification on how to handle additional claims.
Revenues:
The administrative regulation should not create any additional revenues for any state or local government agency in the first year following implementation
Cost Savings:
In the first year following implementation, the administrative regulation should not result in any cost savings as it only provides clarification on the processing of additional award requests.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation should not directly create any additional expenses for any state agency in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None.
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation should not create any additional expenditures, revenue, or cost savings in subsequent years for local entities.
(4) Identify additional regulated entities not listed in questions (2) or (3):
None.
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation should not create any additional expenditures, revenue, or cost savings in subsequent years for any entities.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This regulation should have no fiscal impact as it only provides guidance for the processing of additional award requests and does not create any new classifications of either claimants or claims.
(b) Methodology and resources used to determine the fiscal impact:
There were no methodologies or resources required.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
There is no major economic impact.
(b) The methodology and resources used to reach this conclusion:
There were no methodologies or resources used.
PUBLIC PROTECTION CABINET
Office of Claims and Appeals
Crime Victims Compensation Board
(New Administrative Regulation)
802 KAR 3:040.Additional Award Requests.
Section 1.
Additional Award Requests. Pursuant to KRS 49.370, the board may grant additional awards to or on behalf of claimants or victims after the board has granted an initial award, in the event the claimant or victim incurs, or obtains proof of, additional eligible expenses after the grant of the initial award.Section 2.
Process for Additional Awards.(1)
Claimants and victims may file additional award requests by mail, email, fax, or through the online claim filing portal.(2)
As part of an additional award request, the claimant or victim shall submit the following:(a)
Written request for an additional award; and(b)
Copies of the expenses that constitute the additional award request, along with supporting documentation.(3)
A new claim form shall not be required for an additional award request.(4)
To the extent practicable, any ancillary documentation required to substantiate the additional award request, which was submitted in the originating claim, shall be taken from the originating claim. The claimant or victim shall be notified by board staff if any additional ancillary documentation is required to substantiate the request.(5)
All additional award requests shall be assigned a new claim number in the board's claim processing system.(6)
The aggregate award totals from the originating claim and any additional awards shall not exceed the monetary award maximums established in KRS 49.370(5).LANOLA PARSONS, Chairperson, Crime Victims Compensation Board
JOHN HARDESTY, Executive Director
APPROVED BY AGENCY: January 14, 2025
FILED WITH LRC: January 15, 2025 at 10:32 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held at 10:00 am on March 27, 2025, in Room 247 CE of the Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky 40601.The hearing shall be conducted both in-person and virtually via Microsoft Teams videoconferencing. Individuals interested in attending the public hearing virtually may access the hearing at: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_ZmM3NGRiODYtYjBmYi00ZWE4LTg1OWQtN2JjNjFkYzgzZjcw%40thread.v2/0?context=%7b%22Tid%22%3a%22d77c7f4d-d767-461f-b625-0628792e9e2a%22%2c%22Oid%22%3a%22636ef07a-f33f-4378-b8ae-79c6f05a1438%22%7d. The Meeting ID is: 237 908 005 529. The Passcode is: 48N9bQ2U. For phone access, please dial +1 502-632-6289, 867966031# and enter the following Phone Conference ID: 867 966 031#. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. 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 11:59 PM EST on March 31, 2025. Please 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: Shelby Bevins-Sullivan, Staff Attorney, 500 Mero Street, 2 SC 1, Frankfort, Kentucky 40601. Phone: 502-782-3556. Fax: 502-573-4817. Email: sbevinssullivan@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Shelby Bevins-Sullivan
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation sets forth the procedures for crime victims wishing to file an additional award for compensable expenses that arise after being granted an initial award.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to comply with KRS 49.370, which enumerates the specific types of expenses the Crime Victims Compensation Board is authorized to award and implicitly allows the board to grant subsequent awards to the same victim or claimant as new expenses arise after the grant of the initial award.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The proposed regulatory language conforms with KRS 12.080, which authorizes the Governor to prescribe general rules for the conduct of departments; KRS 49.010(4)(b), 49.020(7)(a) and KRS 49.300(1), which authorizes the promulgation of regulations to carry out the duties of the office and the Crime Victims Compensation Board; and KRS 49.370(2)(b), which permits the board to promulgate administrative regulations to establish additional guidelines for awards pursuant to KRS 49.370.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The proposed regulation establishes the procedure for filing requests for additional awards with the Crime Victims Compensation Board.
(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:
The Public Protection Cabinet, the Office of Claims and Appeals, the Crime Victims Compensation Board, and any person or entity filing a claim with the Crime Victims Compensation Board.
(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:
None known. Board staff has already been processing requests for additional awards in the manner established in this regulation. The regulation simply standardizes the procedures.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no expected expenditures because of this administrative regulation. Current staff will implement the provisions once promulgated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Requests for additional awards will be processed more efficiently and claimants and victims will have a better understanding of how to submit a request for an additional award.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
None. Current staff and agency funds will provide implementation.
(b) On a continuing basis:
None.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Current agency budgetary funding will be used to implement and enforce 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:
No additional funding or increase in fees is needed.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are directly or indirectly established or increased by the administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applicable as the proposed language will be applied equally to all entities impacted by it.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 13B.005, et seq., KRS 49.020(7)(a), KRS 49.370, and Victims of Crime Act ("VOCA"), 34 U.S. Code § 20101, et seq.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Public Protection Cabinet, Office of Claims and Appeals, Crime Victims Compensation Board is the promulgating agency. No other state governmental entity should be impacted by this proposed regulation.
(a) Estimate the following for the first year:
Expenditures:
The administrative regulation should not directly create any additional expenses for any state agency after implementation. It only provides clarification on how to handle additional claims.
Revenues:
The administrative regulation should not create any additional revenues for any state or local government agency in the first year following implementation
Cost Savings:
In the first year following implementation, the administrative regulation should not result in any cost savings as it only provides clarification on the processing of additional award requests.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation should not directly create any additional expenses for any state agency in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None.
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation should not create any additional expenditures, revenue, or cost savings in subsequent years for local entities.
(4) Identify additional regulated entities not listed in questions (2) or (3):
None.
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation should not create any additional expenditures, revenue, or cost savings in subsequent years for any entities.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This regulation should have no fiscal impact as it only provides guidance for the processing of additional award requests and does not create any new classifications of either claimants or claims.
(b) Methodology and resources used to determine the fiscal impact:
There were no methodologies or resources required.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
There is no major economic impact.
(b) The methodology and resources used to reach this conclusion:
There were no methodologies or resources used.