(1) If a victim does not wish to give testimony or cannot do so, a victim representative may be designated to speak on the victim's behalf.
- (a) If a victim is over the age of 18 at the time of a hearing and desires to designate a victim representative, the victim may make that designation on the record at a hearing, or in a notarized statement filed with the Board before or at a hearing.
- (b) If a victim is under the age of 18 at the time of a hearing, a victim's parent, guardian, or custodian may represent the victim during Board processes, hearings, and communications.
- (c) If a victim is deceased, a family member, or the victim's personal representative as appointed by a court, may be designated as the victim's representative.
- (2) A victim representative must act according to the instructions, and in the best interests, of the victim.
- (3) Notwithstanding this rule, or any designation, an offender, offender's co-defendant, or offender's attorney may not act as a victim representative in matters before the Board in which the offender was convicted of causing any injury or damage to the victim.
- (4) Once a victim representative is identified for a victim under the age of 18, the Board will notify the victim representative unless the victim indicates otherwise.
KEY: victims of crimes
Date of Last Change: November 9, 2025
Notice of Continuation: November 10, 2021
Authorizing, and Implemented or Interpreted Law: Art. I, Sec. 28; 77-27-9.5; 77-37-3; 77-37-4; 77-38-1 et seq.; 63G-3-201(3); 77-27-1 et seq.; 77-27-9(4)