Ariz. Admin. Code § 10-4-104

Current through Register Vol. 30, No. 15, Arpil 12, 2024

Section R10-4-104 - [Effective until 7/20/2024] Operational Unit Requirements

A. To be designated by the Commission as an operational unit for a jurisdiction, a public or private agency shall submit to the Commission a written request for designation.

B. The Commission shall designate a public or private agency as the operational unit for a jurisdiction or jurisdictions:

1. Only if the public or private agency agrees not to:

a. Use Commission funds or federal funds to supplant funds otherwise available to compensate a victim or claimant;

b. Make a distinction between a resident and a non-resident in evaluating a claim; and

c. Make a distinction in evaluating a claim relating to a federal crime that occurs in Arizona and one relating to a state crime; and

2. Only if the public or private agency agrees to:

a. Forward to the Board a claim relating to an incident of criminally injurious conduct occurring in the public or private agency's jurisdiction or jurisdictions;

b. Forward to the Board a claim made by or on behalf of a resident of the public or private agency's jurisdiction or jurisdictions who is a victim or derivative victim of an incident of criminally injurious conduct occurring in another state, the District of Columbia, Puerto Rico, or any other possession or territory of the United States that does not have a crime victim compensation program that meets the requirements of 42 U.S.C. 10602(b);

c. Forward to the Board a claim made by or on behalf of a resident of the public or private agency's jurisdiction or jurisdictions who is a victim or derivative victim of an incident of criminally injurious conduct occurring outside of the United States in an area without an accessible crime compensation program;

d. Notify the Commission of any change in the public or private agency's program procedures or program policies before the change takes effect and if the change is material, obtain written approval from the Commission before instituting the change;

e. Submit financial and program activity reports to the Commission, in a format required by the Commission, and at a frequency established annually by the Commission;

f. Provide an application form to a claimant;

g. Comply with all civil rights requirements;

h. Ensure that each claim is investigated and substantiated before forwarding the claim to the Board for a compensation award; and

i. Monitor a compensation award to ensure that amounts paid are consistent with this Article.

C. If more than one agency requests to be designated by the Commission as an operational unit for a jurisdiction, the Commission shall designate the agency that it determines is better able to evaluate claims and manage the expenditure of public funds. The Commission shall give preference to a public agency if both a public and private agency request designation.

Ariz. Admin. Code § R10-4-104

Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Amended effective June 12, 1997 (Supp. 97-2). Former Section R10-4-104 renumbered to R10-4-102; new Section R10-4-104 renumbered from R10-4-106 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024 (Emergency).