Utah Admin. Code R11 — Crime Victim Reparations

R270 Administration

R270-1 Award and Reparation Standards

Utah Admin. Code R270-1-1 Authority and Purpose

As provided in Subsection 63M-7-506(1)(c), the purpose of this rule is to provide interpretation and standards for the administration of crime victim reparations.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-2 Definitions

(1) Terms used in this rule are found in Section 63M-7-502.

(2) In addition:

(a) "medical forensic sexual assault examination" means a medical and forensic examination of a victim to provide medical care and collect forensic evidence in a sexual assault investigation or prosecution;

(b) "medical services" means medical treatment or services, described in Subsection 63M-7-511(4)(b), performed at an inpatient or outpatient medical facility by a licensed medical provider;

(i) medical services include dental services;

(ii) medical services do not include sexual assault forensic examinations or mental health therapy;

(c) "PEHP" means the Public Employees' Benefit and Insurance Program created in Section 49-20-103;

(d) "primary victim" means a victim who has been directly injured by criminally injurious conduct;

(e) "program" means the Victim Services Grant Program, authorized under Subsection 63M-7-506(l)(i), which allocates money for other victim services once a sufficient reserve has been established for reparations claims;

(f) "qualified mental health professional" means a licensed:

(i) advanced practice registered nurse specializing in psychiatric mental health nursing;

(ii) master's level therapist;

(iii) psychiatrist;

(iv) psychologist; or

(v) student intern;

(g)(i) "secondary victim" means a victim who is not a primary victim but who has a relationship with the victim and was traumatically affected by the criminally injurious conduct that occurred to the victim;

(ii) "secondary victim" includes an immediate family member of a victim such as a spouse, parent, stepparent, grandparent, child, sibling, stepchild, stepsibling, legal guardian, or other person who the reparations officer reasonably determines bears an equally significant relationship to the primary victim; and

(h) "student intern" means a student:

(i) who is enrolled in a recognized psychiatric mental health training program;

(ii) whose activities are supervised by qualified faculty;

(iii) whose educational activities are a defined part of the training program; and

(iv) whose supervisor has signed the form created by the office attesting that the supervisor has overseen the student's work.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-3 Awards for Funeral and Burial Expenses

(1) Pursuant to Subsection 63M-7-511(4)(f), the office may pay:

(a) up to $14,000 for any reasonable and necessary expense related to the funeral and burial of a victim;

(b) up to $1,000 for a secondary victim's travel to the funeral and burial;

(c) 66 2/3% of a secondary victim's lost earnings that are related to the funeral and burial for up to:

(i) three days if the secondary victim lives in the same state as the funeral and burial; or

(ii) five days if the secondary victim lives in a different state.

(2) The office may not approve a claim made by a medical provider if a victim dies without any identifying information.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-4 Reparations Claims Involving Negligent Homicide and Hit and Run

(1) For the purpose of awarding reparations, the office shall consider negligent homicide, as defined in Subsection 63M-7-502(9), to be criminally injurious conduct.

(2) Pursuant to Subsection 63M-7-502(9), criminally injurious conduct may not include a hit and run.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-5 Mental Health Services

(1)(a) Pursuant to Subsection 63M-7-511(4)(c), the office may pay for outpatient mental health counseling provided by a qualified mental health professional as follows:

(i) a primary victim of a crime is eligible for a total of 25 outpatient mental health counseling sessions, including either individual or group counseling session;

(ii) a parent, child, spouse, or sibling of a homicide victim is eligible for a total of 25 outpatient mental health counseling sessions, including either individual or group counseling sessions;

(iii) any other secondary victim of a crime is eligible for a total of 15 outpatient mental health counseling sessions, including either individual or group counseling sessions.

(b) Before the office may pay for any outpatient mental health counseling:

(i) a qualified mental health professional who intends to provide outpatient mental health counseling to a victim shall submit a Mental Health Treatment Plan to the office; and

(ii) the assigned reparations officer shall approve the Mental Health Treatment Plan.

(c) The amount paid for each outpatient mental health counseling session shall be the rate established by the PEHP fee schedule.

(d) Outpatient mental health counseling costs may not be paid in advance but will be paid on an ongoing basis as treatment is provided.

(e) The reparations officer may authorize additional outpatient mental health counseling beyond the limits described in Subsection R270-1-5(1)(a) if:

(i) a qualified mental health professional submits sufficient documentation to justify the need for additional outpatient mental health counseling; and

(ii) the assigned reparations officer determines that extenuating circumstances warrant additional outpatient mental health counseling.

(2)(a) The office may pay for inpatient mental health treatment for:

(i) a primary victim; and

(ii) a parent, child, spouse, or a sibling of a homicide victim.

(b) The office may not pay for inpatient mental health treatment for a secondary victim.

(c) The office may only pay for inpatient mental health treatment when the treatment has been recommended by a qualified mental health professional as a result of a life-threatening situation.

(d) The office may pay an inpatient mental health treatment facility:

(i) up to $600 a day for facility fees, which includes any ancillary expense; and

(ii) the PEHP rate for one visit a day by a mental health professional.

(e) The office may pay the PEHP rate for diagnostic testing administered in an inpatient facility.

(3)(a) The office may pay for mental health-related residential or day treatment for:

(i) a primary victim; and

(ii) a parent, child, spouse, or sibling of a homicide victim.

(b) The office may not pay for residential or day treatment for a secondary victim.

(c) The office may only pay for residential or day treatment when the treatment has been recommended by a qualified mental health professional to stabilize the victim's behavior and symptoms.

(d) Payment for residential treatment:

(i) may not exceed $300 a day; and

(ii) shall be limited to 30 days.

(e) Payment for day treatment:

(i) may not exceed $200 a day; and

(ii) shall be capped at $10,000.

(f) The office may not pay for residential or day treatment unless the facility has either 24-hour nursing care or 24-hour on-call nursing care.

(g) The office may pay the PEHP rate for one routine medication management assessment a week when conducted in an inpatient mental health facility by a qualified mental health professional.

(4) Reparations officers shall establish a reasonable percentage regarding victimization treatment for outpatient, inpatient, residential and day treatment on a case-by-case basis upon review of the Mental Health Treatment Plan and treatment records.

(5) The office may not pay for wilderness programs.

(6) The office may not pay for mental health services for an offender related to the perpetration of the criminally injurious conduct.

(7) The office may pay for hypnotherapy only when treatment is performed by a qualified mental health professional based upon an approved Mental Health Treatment Plan.

(8)(a) The office may not pay for treatment for chemical dependency unless the reparations officer determines that it is directly related to the crime.

(b) The board may review requests for reimbursement for chemical dependency treatment where extenuating circumstances are present.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-6 Attorney Fees

(1) Pursuant to Subsection 63M-7-524(2), the office shall award attorney fees within the reparation award and not in addition to the award.

(2)(a) If the office pays an award in a lump sum, the attorney's fee may not exceed 15% of the total award

(b) If payments are awarded on an ongoing basis, the office shall pay attorney fees when warrants are generated but not to exceed 15%.

(3) When award denials are overturned, attorney fees shall be calculated only on the appealed reparation issue.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-7 Reparations Awards

(1) Pursuant to Section 63M-7-503, the office may award reparations to victims of violent crime where the court has ordered restitution and it appears unlikely the restitution can be paid within a reasonable time.

(2) The office will send notification of the reparations award to the courts, prosecuting attorneys, Board of Pardons, or probation and parole counselors indicating any restitution monies collected up to the amount of the reparations award will be forwarded to the fund.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-8 Abortion

As part of a reparations award, the office shall pay expenses for an abortion that is permitted pursuant to Title 76, Chapter 7, Part 3 if the requirements of Section 63M-7-511 have been met.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-9 Emergency Reparations Awards

(1)(a) Pursuant to Section 63M-7-522, the office may make emergency reparations awards up to $1,000.

(b) No time limit is required for filing an emergency reparations claim.

(2) Processing of emergency reparations claims is three to five days.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-10 Loss of Earnings

(1) Pursuant to Subsection 63M-7-511(4)(d), the 66-2/3% of a person's weekly salary or wages is calculated on gross earnings.

(2)(a) The office may reimburse victims for a loss of earnings for up to a maximum of 12 weeks work loss, at an amount not to exceed the maximum allowed per week by Worker's Compensation guidelines in effect at the time of work loss.

(b) The board may review extenuating circumstances on reparations claims involving loss of earnings for consideration and authorization of extensions beyond set limits.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-11 Relocation Expenses

(1)(a) Pursuant to Subsection 63M-7-511(4)(a), the office may pay up to $2,000 for any reasonable and necessary cost for a victim to secure a safe living situation after a crime has occurred.

(b) Relocation expenses include:

(i) moving to a new location;

(ii) maintaining or assuming responsibility for rent at a current residence;

(iii) moving or shipping the victim's personal property;

(iv) storing the victim's belonging; and

(v) any other reasonable expense.

(2) The board may approve relocation expenses more than $2,000 where extenuating circumstances exist.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-12 Transportation Expenses

(1) Pursuant to Subsection 63M-7-511(4)(a), the office may pay up to $1,000 for the reasonable and necessary costs for a victim to travel to and from:

(a) court and parole hearings;

(b) meetings with law enforcement or prosecution; or

(c) medical, mental health or other crime related appointments.

(2) The board may approve transportation expenses more than $1,000 where extenuating circumstances exist.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-13 Collateral Source

Money from the fund shall be used before State Social Services contract monies when considering out-of-pocket expenses in child sexual abuse cases if the individuals qualify as victims. If the victim qualifies for Medicaid, the contract monies should be used first.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-14 Record Retention

(1) The office shall retain annual reports and other statistical information in office for a period of three years and then transfer them to the Utah Department of Government Operations, Division of Archives and Records Service.

(2)(a) The office shall retain crime victim case files in the office as needed for administrative use.

(b) After closure or denial of a case file, the office shall retain case files in the office for one year and then transfer them to the Utah Department of Government Operations, Division of Archives and Records Service.

(c) The State Records Center shall retain case files for 99 years and then destroy them.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-15 Reparations Awards

(1)(a) Pursuant to Section 63M-7-521, when billing from the providers exceeds the maximum allowed, the reparations officer shall pay the bills by the date of service.

(b) The reparations officer shall solicit input from the victim when making this determination.

(c) When the services and the billings have occurred at the same time, the reparations officer shall determine payment on a percentage basis.

(2) Reparations awards may only be granted for costs the reparations officer determines are directly related to or resulting from criminally injurious conduct.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-16 Essential Personal Property

(1) Pursuant to Subsection 63M-7-511(4)(h), essential personal property covers any personal article necessary and essential for the health and safety of the victim.

(2)(a) The reparations officer may allow up to $5,000 for medically necessary items such as eyeglasses, hearing aids, and wheelchairs.

(b) The board may approve expenses for medically necessary items more than $5,000 where extenuating circumstances exist.

(3)(a) The reparations officer may allow up to $1,500 for other essential personal property such as burglar alarms, door locks, crime scene cleanup, repair of walls and broken windows.

(b) The board may approve expenses for essential personal property more than $1,500 where extenuating circumstances exist.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-17 Subrogation

(1) Pursuant to Section 63M-7-519, money collected through subrogation will be placed in the fund and will not be credited toward a particular victim or claimant award amount.

(2)(a) Pursuant to Subsection 63M-7-519(2), in such instances where a settlement against a collateral source appears imminent, the director may reduce by up to 33% the lesser of:

(i) the amount paid by the office; or

(ii) the amount of the settlement.

(b) Reductions of more than 33% shall be determined by the board with the concurrence of the director.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-18 Unjust Enrichment

Pursuant to Subsection 63M-7-510(1)(d), the office shall use the following criteria when considering reparations claims involving possible unjust enrichment of an offender:

(1) Reparations officers shall not base unjust enrichment determinations solely on the presence of the offender in the household at the time of the award.

(2) Reparations officers shall not deny reparations awards on the basis that the offender would be unjustly enriched, if the victim cooperates with investigation and prosecution of the crime and does what is possible to prevent access by the offender to substantial compensation.

(3) The office shall issue payment directly to third party providers to prevent monies intended for victim expenses from being used by or on behalf of the offender.

(4)(a) Reparation officers shall examine collateral resources such as court-ordered restitution and medical insurance that are available to the victim from the offender.

(b) The office shall not penalize the victim for an offender's failure to meet legal obligations to pay for the cost of the victim's recovery.

(5)(a) In determining whether enrichment is substantial or inconsequential, the reparations officer shall consider the amount of the award and whether a substantial portion of the compensation award will be used directly by or on behalf of the offender.

(b) If the offender has direct access to a cash award or if a substantial portion of it will be used to pay for the offender's living expenses, the office may reduce or deny that portion of the award that will substantially benefit the offender.

(c) When enrichment is inconsequential or minimal, the award shall not be reduced or denied.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-19 Prescription or Over-the-Counter Medications

(1) The office shall only consider reimbursement of prescription or over-the-counter medications or medication management services used in conjunction with mental health therapy while an approved Mental Health Treatment Plan is in effect.

(2) The office shall only consider reimbursement of prescription or over-the-counter medications used in conjunction with medical treatment while the victim is being treated by the physician.

(3) The office shall limit payments for medication management rates to a maximum of $62.50 per 30 minute session.

(4)(a) The office shall pay the amount that would be paid by PEHP for prescription medications dispensed by a pharmacy, not including those included in Section R270-1-24.

(b) If PEHP does not have a fee schedule, the office will pay the amount the victim is obligated to pay that is not reimbursed by insurance.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-20 Peer Review Committee

(1) The board may establish a volunteer Peer Review Committee to review issues or provide input to office staff on reparations claims involving outpatient mental health counseling.

(2) The board shall define the composition, duties, and responsibilities of the Peer Review Committee by written internal policy and procedure.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-21 Medical Services

Pursuant to Subsection 63M-7-511(4), if the victim does not have any collateral source to pay for medical services the office may pay:

(1) the rate established by the PEHP fee schedule for medical services; or

(2) 50% of the billed charges for medical services if PEHP does not have a fee schedule established for a medical service.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-22 Misconduct

(1) Pursuant to Subsections 63M-7-502(23) and 63M-7-512(1)(b), the office shall consider misconduct to be:

(a) conduct which contributed to the victim's injury or death; or

(b) conduct which the victim could have reasonably foreseen could lead to injury or death.

(2) In determining whether the victim engaged in misconduct, the reparations officers shall consider any behavior of the victim that may have directly or indirectly contributed to the victim's injury or death including:

(a) consent;

(b) provocation;

(c) verbal utterance;

(d) gesture;

(e) incitement;

(f) prior conduct of the victim; or

(g) the victim's ability to have reasonably avoided the incident upon which the reparations claim is based.

(3) When determining whether the victim engaged in misconduct, reparations officers shall not consider:

(a) any behavior or action of any victim that is committed by the victim while under the duress or experience of threat, exploitation, coercion or any circumstance absent the victim's own willful desire to participate; or

(b) any behavior or action committed or perceived to have been committed by the victim of any sex crime.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-23 Three Year Limitation

(1) Pursuant to Subsections 63M-7-506(1)(c) and 63M-7-525(2), a reparations claim for benefits expires and the office will make no further payments with regard to the reparations claim after three years have elapsed from the date of application with the office.

(2) Reparations officers may extend reparations claims that have been closed because of the Three Year Limitation if extenuating circumstances exist.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-24 Sexual Assault Forensic Examinations

(1) The office may pay a medical service provider who performs a medical forensic sexual assault examination:

(a) up to $1,250 for a complete medical forensic sexual assault examination with photo documentation; and

(b) the full cost of any medications the medical service provider gives directly to a victim during a medical forensic sexual assault examination such as:

(i) the morning after pill or high dose oral contraceptives for the prevention of pregnancy; and

(ii) medication for the treatment and prevention of sexually transmitted diseases.

(2) The office may pay a medical facility where a medical forensic sexual assault examination is performed:

(a) 50% of the fee for the use of an examination room to perform a medical forensic sexual assault examination up to a maximum payment of $350; and

(b) the PEHP rate if one has been established or 50% of the fee for:

(i) a history and physical;

(ii) the collection of specimens and wet mount for sperm;

(iii) testing for gonorrhea, chlamydia, trichomonas, and other sexually transmitted diseases;

(iv) a serum blood test for pregnancy; and

(v) the testing and treatment of sexually transmitted diseases.

(3) To be eligible for reimbursement of a medical forensic sexual assault examination, the medical service provider who performed the sexual assault forensic examination shall:

(a) report the medical forensic sexual assault examination to law enforcement; and

(b) only collect evidence with the permission of the victim or the legal guardian of the victim.

(4) A request for reimbursement of medical forensic sexual assault examination shall include:

(a) the victim's name, date of birth, or facility patient number;

(b) a description of what services were provided;

(c) an itemization of the services provided; and

(d) either:

(i) the signature of a law enforcement officer, victim advocate or service provider; or

(ii) the law enforcement case number.

(5) The applicant or medical service provider shall submit the request for reimbursement to the office within one year from the date the medical forensic sexual assault examination was performed.

(6) A victim may not be:

(a) charged for a medical forensic sexual assault examination; or

(b) required to participate in the criminal justice system or cooperate with law enforcement or prosecuting attorneys as a condition of being provided a medical forensic sexual assault examination.

(7) The office may not provide any reimbursement for any costs associated with an over-the-counter sexual assault evidence kit that is available to the public for at home collection of evidence, including the cost of the kit and the cost of any testing performed on the kit.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-25 Loss of Support

(1) Pursuant to Subsection 63M-7-511(4)(g), the office shall only cover reparations awards for loss of support on reparations claims involving death.

(2)(a) Except as provided in Subsection R270-1-25(3), the office shall approve reparations awards for loss of support only to minor children of the deceased victim.

(b) The office may issue payment of the award to the parent or guardian of the minor child on behalf of the minor child.

(3) The board may approve reparations awards for loss of support to persons who are not minor children, but were physically and financially dependent on the deceased victim.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-26 Victim Services

(1) Pursuant to Subsection 63M-7-506(1)(i), the board may authorize the program when there is a surplus of money in the fund in addition to what is necessary to pay reparations awards and associated administrative costs for the upcoming year.

(2) When the program is authorized, the board shall determine the amount available for the program for that year and may:

(a)(i) announce the availability of program funds through a request for proposals or other similar competitive process approved by the board; and

(ii) establish funding priorities and shall include any priorities in the announcement of funds; or

(b) make an award to a victim services program managed by the office.

(3) Applicants shall submit requests for funding on a form approved by the board.

(4)(a) The board shall establish a process to review requests for funding and shall make final decisions regarding the approval, modification, or denial of requests for funding.

(b) The board may award less than the amount determined in Subsection R270-1-26(2)(a).

(c) The decisions of the board may not be appealed.

(5)(a) An award by the board shall not constitute a commitment for funding in future years.

(b) The board may limit funding for ongoing projects.

(6)(a) Award recipients shall submit quarterly reports to the board on forms established by the director.

(b) The office staff shall monitor victim services grants and provide regular reports to the board.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-27 Cultural Services

(1) Cultural services provided in accordance with recognized spiritual or religious methods of healing, legally available in Utah, may be considered for payment. The claimant shall submit a written itemized description of each procedure, function and activity performed, which shall include:

(a) the benefit to the victim;

(b) the location and time involved to perform such services; and

(c) the qualifications and experience which allows the service provider to perform the services.

(2) Services shall be reimbursed in lieu of traditional treatment methods.

(3) Reparations awards for cultural services shall be deducted from the claimant's allowed limits.

(4) The fund will not pay for intoxicating or psychotropic substances unless prescribed by a medical practitioner licensed to do so.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

Utah Admin. Code R270-1-28 Requirements for Payment

(1) The office shall only pay for expenses that are directly related to the victimization.

(2) The office shall only pay for services provided and billed in the usual and customary course of business.

(3) The office reserves the right to audit the records of medical facilities and medical service providers who request reimbursement from the office.

(4) The office may not pay:

(a) interest, finance, or collection fees; or

(b) any costs associated with the collection and testing of evidence unless the collection is performed by a medical service provider and tested at a licensed medical facility.

(5)(a) If a victim has medical insurance or another collateral source to pay for services, the office may only pay up to the remaining portion of the bill that the victim is obligated to pay after each other collateral source has paid.

(b) A reparations officer may waive the requirement in Subsection (5)(a) if:

(i) it appears likely that compliance would compromise a victim's;

(A) safety;

(B) quality or continuation of care; or

(C) access to services due to distance, lack or transportation or other relevant circumstances; or

(ii) there are financial or practical circumstances which constitute a reasonable basis for a waiver.

History

• KEY: victim compensation, victims of crimes
• Date of Last Change: December 8, 2023
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5

R270-2 Crime Victim Reparations Adjudicative Proceedings

Utah Admin. Code R270-2-1 Authority and Purpose

This rule is adopted pursuant to Subsection 63M-7-515(1) for the purpose of creating procedures for adjudicating contested determinations made by a reparations officer.

History

• KEY: appellate procedures, administrative procedures
• Date of Last Change: October 24, 2016
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: 63M-3-7-515

Utah Admin. Code R270-2-2 Definitions

Terms used in this rule are found in Section 63M-7-502.

History

• KEY: appellate procedures, administrative procedures
• Date of Last Change: October 24, 2016
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: 63M-3-7-515

Utah Admin. Code R270-2-3 Contested Determinations

Pursuant to Section 63M-7-515(1), the director shall review contested determinations by a reparations officer or designate the board to review the contested determination. The director will keep the board apprised of all contested determinations. The decision of the director or the board is final and may not be appealed.

History

• KEY: appellate procedures, administrative procedures
• Date of Last Change: October 24, 2016
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: 63M-3-7-515

Utah Admin. Code R270-2-4 Three Year Limitation

Pursuant to 63M-7-506(1) and 63M-7-525(2) any right to contest a determination of eligibility or of a benefit by a reparation officer shall expire three years from the date of application with the office. The Director may extend the right to contest a determination after the three year expiration rule if extenuating circumstances exist or if the claim has already been extended by a reparation officer pursuant to R270-1-22.

History

• KEY: appellate procedures, administrative procedures
• Date of Last Change: October 24, 2016
• Notice of Continuation: March 6, 2026
• Authorizing, and Implemented or Interpreted Law: 63M-3-7-515