This Part prescribes rules and regulations governing administration of the Justice Court Assistance Program. This program was established by the Legislature to provide a means by which towns and villages may obtain limited State funding to improve operation of their Justice Courts.

Historical Note
Sec. filed Oct. 13, 1999 eff. Oct. 7, 1999.

The Chief Administrator shall approve applicants for funding pursuant to this Part. Such approval shall be made as soon as practicable. In determining whether to approve an applicant, the Chief Administrator shall consider:

(a) whether the applicant has complied with these rules and regulations and all pertinent provisions of article 21-B of the Judiciary Law;

(b) the likely impact of approving its application upon the court or courts to be affected thereby, upon the communities served, and upon the judiciary generally;

(c) the availability of other sources of funding to pay some or all of the costs for which the application seeks funding under the program;

(d) the number and content of all other applications for funding then available under the program, and the amount of such funding; and

(e) the extent of funding already received under the program by the applicant (or joint applicants) pursuant to past applications.

Historical Note
Sec. filed Oct. 13, 1999 eff. Oct. 7, 1999.

(a) General. Once the Chief Administrator approves an application for funding pursuant to this Part, he or she shall authorize a disbursement of funds in any amount up to the amount sought in the application and shall specify the purpose or purposes to which such funds may be applied; provided, however, he or she shall not approve a disbursement of funds exceeding $30,000, unless the application is a joint application in which event he or she shall not approve a disbursement of funds exceeding the product of the number of joint applicants and $30,000. Any disbursement of funds hereunder shall at all times be subject to the availability of appropriations.

(b) How made. A disbursement of funds pursuant to subdivision (a) of this section may be by advance payment to the applicant (or joint applicants, as appropriate) before it incurs a cost or costs for which funding has been authorized, by reimbursement to the applicant after it incurs and pays such cost or costs in the first instance, or by some combination thereof, as the Chief Administrator may determine to be appropriate. Unless the Chief Administrator shall otherwise provide, funds disbursed hereunder shall be spent within 180 days of the applicant's receipt thereof.

Historical Note
Sec. filed Oct. 13, 1999 eff. Oct. 7, 1999.
Amended 138.5(a) on Oct. 16, 2007 [Previous Version]

(a) The Chief Administrator may require each town and village for which an application for funding pursuant to this Part has been approved to file such reports as may be necessary to enable him or her to monitor the operation and success of the Justice Court Assistance Program.

(b) The State Comptroller, the Chief Administrator and their authorized representatives shall have the power to inspect, examine and audit the fiscal affairs of each town and village for which an application for funding pursuant to this Part has been approved to the extent necessary to determine whether the funding received has been used for the purpose or purposes specified by the Chief Administrator in approving the application, and whether there has been compliance with these rules and regulations and the provisions of article 21-B of the Judiciary Law.

(c) The Chief Administrator may halt the disbursement of funds pursuant to this Part or confiscate any property purchased with funds disbursed hereunder at any time he or she determines that the recipient(s) of such funds or the holders of such property are not using them in an authorized manner, or that any of these rules and regulations or the provisions of article 21-B are being violated.

Historical Note
Sec. filed Oct. 13, 1999 eff. Oct. 7, 1999.