Division of Victims Services, Office of the Attorney General

Chapter 1

  Section 1. Authority.

  (a) Wyoming Statute 9-1-638(a)(vii) authorized the Division of Victims Services, subject to the approval of the attorney general, to promulgate the rules and regulations necessary to implement the duties and responsibilities of the Division of Victim Services for the 120 days.

  Section 2. Reasons for Adopting Rules and Procedures.

  (a) The Division deems it essential that rules of procedure be adopted to:

    (i) Formulate standards for compensation payable for injury and death under the laws of this state and the availability of funds under this act;

    (ii) Formulate rules to establish a method for distributing money, state and state administered federal grants to crime victim service providers;

    (iii) Provide a process through which an individual compensated receives a fair appeal hearing with respect to being denied compensation in full or part;

    (iv) Provide a process for expedited claims process whereby eligibility is clear and all information has been verified;

    (v) Establish an eligibility process for all compensation requests;

    (vi) Enter into contracts for victim services with public and private agencies;

    (vii) Establish minimum program standards, uniform reporting system and a statewide plan for baseline victim services, supported by Division funds for all Wyoming communities;

    (viii) Develop procedures for the determination of eligibility to enter into contracts for all victim services programs; and

    (ix) Establish a process to respond to complaints regarding the adequacy of victim services.

  Section 3. Notice; Hearing Procedures; Decisions by the Division; Review and Appeal.

  (a) Except as specified in subsection (b), the Division shall comply with the Wyoming Administrative Procedures Act, W. S. 16-3 -101 through 16-3-115, and with Rules of Procedures before the Division with respect to giving notice, conducting hearings and rendering decisions.

  (b) The Divisions hearings and final decisions with respect to compensation awards shall be exempt from the Wyoming Administrative Procedures Act, including the provision for judicial review and W.S. 16-3-114 and 16-3-115, as provided in W.S.1-40-104(a)(vi).

  Section 4. Confidentiality of Programs and Compensation Information.

  The Division shall release no information, except where applicable laws or Division rules require.

  Section 5. Rules of Construction.

  The construction of these rules shall be as provided in W.S. 8-1-103 where applicable, unless that construction is plainly contrary to the intent of the legislation or the Division.

  Section 6. Severability.

  If any section or part of these rules is held invalid, that determination of invalidity will not affect the validity any other provisions, sections or applications of these rules. Any provisions held invalid are deemed to be severed, and these rules will in effect without the invalid part.

  Section 7. Communication.

  (a) All applications, petitions, complaints, protests and other written communication shall be addressed to the Division Director, Division of Victim Services, 2301 Central Ave. Barrett Building, 4th Floor, Cheyenne, Wyoming 82002;

  (b) All applications, petitions, complaints, protests and other written communications shall be deemed to be received on the date they are actually delivered to the Director as documented by the stamped received date in the division; and

  (c) Official notices required by law or by these rules to be served shall be served in person or by certified mail return receipt requested addressed to the last known address of the addressee. Service is deemed complete when return receipt is received by the Division signed by the addressee or his/her agent and dated with the date of delivery.