Title 802 | Chapter 003 | Regulation 050REG
PROPOSED
This document is not yet current.
PUBLIC PROTECTION CABINET
Office of Claims and Appeals
Crime Victims Compensation Board
(New Administrative Regulation)
802 KAR 3:050.Emergency awards.
Section 1.
Emergency Award Requests. A claimant or victim submitting a request for an emergency award shall submit the following documentation:(1)
Completed claim form; and(2)
Written request for emergency assistance on the Emergency Award Request form, which shall outline the following:(a)
The details and amount of the request for emergency assistance; and(b)
Explanation as to why the emergency assistance is needed, including how the claimant or victim will incur undue hardship if emergency assistance is not awarded.Section 2.
Processing of Emergency Award Requests.(1)
When the board receives an emergency award request, the claims investigator shall conduct a preliminary investigation to determine suitability for emergency assistance pursuant to KRS 49.360(1)(a) and (b). The preliminary investigation shall include, but not be limited to:(a)
Review of the emergency request, including its veracity;(b)
Review of the incident report, police report, or other documentation confirming the crime's occurrence;(c)
Verification of any applicable expenses that were submitted at, or before, the time when the emergency request was received; and(d)
Assessment regarding whether the claimant or victim will experience undue hardship if emergency assistance is not granted.(2)
Upon completion of the preliminary investigation, the claims investigator shall draft an investigative report outlining the findings of the preliminary investigation.(3)
Board staff shall then assign the claim to a board member to review the preliminary investigative report and complete the following:(a)
A draft order; and(b)
A vote sheet on which the board member shall register their decision on the emergency award.(4)
The board member's decision and order shall be issued no later than two (2) weeks after receipt by the board of the emergency request.(5)
Following the decision on the emergency award request, board staff shall:(a)
Serve the order on the claimant; and(b)
If the request was awarded, provide payment to or on behalf of the claimant as soon as practicable.Section 3.
Incorporation by Reference.(1)
"Emergency Award Form", January 2025, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Claims and Appeals, 500 Mero St 2SC1, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at: https://kycc.ky.gov/newstatic_info.aspx?static_id=158.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. This hearing will be conducted both in-person and via videoconferencing through Microsoft Teams. 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 a request for an emergency award.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to comply with KRS 49.360, which was amended by Senate Bill 319 during the 2024 Regular Session. It establishes procedures and timelines for filing and processing of emergency award requests.
(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; and 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 board and office.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The proposed regulation establishes the procedure for victims and claimants to use in applying for an emergency award prior to final adjudication of the claim.
(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 request for an emergency award with the Crime Victims Compensation Board and the Office of Claims and Appeals.
(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:
The Crime Victims Compensation Board will need to decide requests for emergency awards within two (2) weeks from the date the Emergency Award Form is received. Claimants and victims will need to complete the Emergency Award Form to be considered by the board for an emergency award.
(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):
Crime victims may receive up to $1,000.00 for an emergency award to help pay outstanding bills, such as rent or other necessary expenses, when at risk of being evicted or other circumstance that may place victims at risk of suffering an undue financial hardship.
(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 the processing and awarding of emergency award requests. Emergency award requests have increased since enactment of Senate Bill 319, but the amount awarded is ultimately deducted from the final award, so it will not increase expenditures. Additionally, whether the emergency award request is granted depends on whether the claimant sufficiently documented the claim and will suffer an undue hardship. Many requests are denied because the claim does not have enough documentation demonstrating that the claim will likely be awarded after a full investigation.
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 and awarding of emergency 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 emergency 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 from this administrative regulation.
(b) The methodology and resources used to reach this conclusion:
There were no methodologies or resources required.
PUBLIC PROTECTION CABINET
Office of Claims and Appeals
Crime Victims Compensation Board
(New Administrative Regulation)
802 KAR 3:050.Emergency awards.
Section 1.
Emergency Award Requests. A claimant or victim submitting a request for an emergency award shall submit the following documentation:(1)
Completed claim form; and(2)
Written request for emergency assistance on the Emergency Award Request form, which shall outline the following:(a)
The details and amount of the request for emergency assistance; and(b)
Explanation as to why the emergency assistance is needed, including how the claimant or victim will incur undue hardship if emergency assistance is not awarded.Section 2.
Processing of Emergency Award Requests.(1)
When the board receives an emergency award request, the claims investigator shall conduct a preliminary investigation to determine suitability for emergency assistance pursuant to KRS 49.360(1)(a) and (b). The preliminary investigation shall include, but not be limited to:(a)
Review of the emergency request, including its veracity;(b)
Review of the incident report, police report, or other documentation confirming the crime's occurrence;(c)
Verification of any applicable expenses that were submitted at, or before, the time when the emergency request was received; and(d)
Assessment regarding whether the claimant or victim will experience undue hardship if emergency assistance is not granted.(2)
Upon completion of the preliminary investigation, the claims investigator shall draft an investigative report outlining the findings of the preliminary investigation.(3)
Board staff shall then assign the claim to a board member to review the preliminary investigative report and complete the following:(a)
A draft order; and(b)
A vote sheet on which the board member shall register their decision on the emergency award.(4)
The board member's decision and order shall be issued no later than two (2) weeks after receipt by the board of the emergency request.(5)
Following the decision on the emergency award request, board staff shall:(a)
Serve the order on the claimant; and(b)
If the request was awarded, provide payment to or on behalf of the claimant as soon as practicable.Section 3.
Incorporation by Reference.(1)
"Emergency Award Form", January 2025, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Claims and Appeals, 500 Mero St 2SC1, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at: https://kycc.ky.gov/newstatic_info.aspx?static_id=158.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. This hearing will be conducted both in-person and via videoconferencing through Microsoft Teams. 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 a request for an emergency award.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to comply with KRS 49.360, which was amended by Senate Bill 319 during the 2024 Regular Session. It establishes procedures and timelines for filing and processing of emergency award requests.
(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; and 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 board and office.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The proposed regulation establishes the procedure for victims and claimants to use in applying for an emergency award prior to final adjudication of the claim.
(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 request for an emergency award with the Crime Victims Compensation Board and the Office of Claims and Appeals.
(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:
The Crime Victims Compensation Board will need to decide requests for emergency awards within two (2) weeks from the date the Emergency Award Form is received. Claimants and victims will need to complete the Emergency Award Form to be considered by the board for an emergency award.
(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):
Crime victims may receive up to $1,000.00 for an emergency award to help pay outstanding bills, such as rent or other necessary expenses, when at risk of being evicted or other circumstance that may place victims at risk of suffering an undue financial hardship.
(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 the processing and awarding of emergency award requests. Emergency award requests have increased since enactment of Senate Bill 319, but the amount awarded is ultimately deducted from the final award, so it will not increase expenditures. Additionally, whether the emergency award request is granted depends on whether the claimant sufficiently documented the claim and will suffer an undue hardship. Many requests are denied because the claim does not have enough documentation demonstrating that the claim will likely be awarded after a full investigation.
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 and awarding of emergency 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 emergency 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 from this administrative regulation.
(b) The methodology and resources used to reach this conclusion:
There were no methodologies or resources required.