63M-7-508.  Reparations officers.
     The reparations officers shall in addition to any assignments made by the director:

(1)  hear and determine all matters relating to a reparations claim and reinvestigate or reopen a reparations claim without regard to statutes of limitation or periods of prescription;

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Terms Used In Utah Code 63M-7-508

  • Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. See Utah Code 63M-7-502
  • Claimant: means any of the following claiming reparations under this part:
(a) a victim;
(b) a dependent of a deceased victim; or
(c) an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502
  • Director: means the director of the office. See Utah Code 63M-7-502
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502
  • Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502
  • Reparations officer: includes the director when the director is acting as a reparations officer. See Utah Code 63M-7-502
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
    (i) criminally injurious conduct; or
    (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201. See Utah Code 63M-7-502
    (2)  obtain from prosecuting attorneys, law enforcement officers, and other criminal justice agencies, investigations and data to enable the reparations officer to determine whether and to what extent a claimant qualifies for reparations;

    (3)  as determined necessary by the reparations officers, hold hearings, administer oaths or affirmations, examine any individual under oath or affirmation, issue subpoenas requiring the attendance and giving of testimony of witnesses, require the production of any books, papers, documents, or other evidence which may contribute to the reparations officer’s ability to determine particular reparation awards;

    (4)  determine who is a victim or dependent;

    (5)  award reparations or other benefits determined to be due under this part and the rules of the board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

    (6)  take notice of judicially recognized facts and general, technical, and scientific facts within the reparations officers’ specialized knowledge;

    (7)  advise and assist the board in developing policies recognizing the rights, needs, and interests of crime victims;

    (8)  render periodic reports as requested by the board concerning:

    (a)  the reparations officers’ activities; and

    (b)  the manner in which the rights, needs, and interests of crime victims are being addressed by the state’s criminal justice system;

    (9)  establish priorities for assisting elderly victims of crime or those victims facing extraordinary hardships;

    (10)  cooperate with the State Commission on Criminal and Juvenile Justice to develop information regarding crime victims’ problems and programs; and

    (11)  assist the director in publicizing the provisions of the office, including the procedures for obtaining reparation, and in encouraging law enforcement agencies, health providers, and other related officials to take reasonable care to ensure that victims are informed about the provisions of this part and the procedure for applying for reparation.

    Amended by Chapter 149, 2020 General Session