§ 20-77-709 — Powers of cotrustees of Special Needs Trust Revolving Fund - Logistical support

(a) (1) (A) The cotrustees of the Special Needs Trust Revolving Fund shall have the power to award benefits if satisfied by a preponderance of the evidence that the requirements for benefits have been met. (B) The cotrustees shall have authority to award the benefits either to the claimant or directly to the provider of services. (2) The cotrustees shall hear and determine all matters relating to claims for benefits, including the power to reopen claims without regard to statutes of limitation. (3) The cotrustees shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant information regarding any claim. (4) The cotrustees shall be provided such office, support staff, and secretarial services as are deemed necessary, and the reasonable costs of administration of the trust shall be borne by the trust. (b) In addition to any other powers and duties specified elsewhere in this subchapter, the cotrustees may: (1) Regulate the fund's own procedure except as otherwise provided in this subchapter; (2) Adopt rules to implement the provisions of this subchapter; (3) Define any term not defined in this subchapter; (4) Prescribe forms necessary to carry out the purposes of this subchapter; (5) Request access to any reports of investigations or other data necessary to assist the cotrustees in making a determination of eligibility for benefits under the provisions of this subchapter; (6) Take notice of general, technical, and scientific facts within their specialized knowledge; and (7) Publicize the availability of benefits and information regarding the filing of claims therefor.

Legislative History

Amended by Act 2019, No. 315,§ 2266, eff. 7/24/2019. Acts 1993, No. 1228, § 1.