N.Y. Comp. Codes R. & Regs. tit. 22 § 138.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 138.3 - Application procedures

No Justice Court Assistance Program funds may be disbursed unless the Chief Administrator first approves an application therefor as provided hereunder.

(a) Who may apply. Each town and village having a Justice Court may make an individual application for funding, or two or more such towns or villages, or towns and villages, may make a joint application for funding.

(b) When and where to apply. For a town or village to be eligible for a disbursement from funds made available by appropriation to the Unified Court System for any State fiscal year, such town or village must file its application with the Chief Administrator on or before the first day of February in such fiscal year.

(c) Contents of application. Each application filed with the Chief Administrator pursuant to this Part must be signed by at least one justice of the court(s) affected thereby other than an acting justice, and by the supervisor of any town, and the mayor of any village, that is party to the application. Each such application shall be in such form as the Chief Administrator shall prescribe and shall include a certified copy of a resolution of the legislative body of each municipality that is a party to the application evidencing its authorization thereof; the information specified in paragraphs (a) through (c) of section 849-i(1) of the Judiciary Law, except to the extent that it already has been made available to the Chief Administrator; and such other information as the Chief Administrator shall require.

The Chief Administrator may, at any time following the filing of an application for funding, request that an applicant or applicants furnish additional information or documentation to support such application.

(d) Special application by a magistrates' association. Notwithstanding any other provision of this section, one or more duly-organized county or multi-county magistrates' associations may make an individual or joint application for funding solely for the purpose of enabling the provision of appropriate training for justices and/or for nonjudicial court staff of the courts represented by such association(s). In such event, the other provisions of this section shall not apply except that:

(1) the magistrates' association applicant(s) shall be subject to the same requirements applicable to town and village applicants pursuant to subdivision (b) of this section; and

(2) the application shall be in such form as the Chief Administrator shall prescribe and shall be signed by a duly-authorized officer of the applicant (or by a duly-authorized officer of each of the applicants if it is a joint application).

N.Y. Comp. Codes R. & Regs. Tit. 22 § 138.3