RULE 143.00.94-003 - Questionnaire on Proposed Administrative Rules whether new, amendatory or repealed

RULE 143.00.94-003. Questionnaire on Proposed Administrative Rules whether new, amendatory or repealed

Rule No. 12

APPLICATION REVIEW PROCEDURE

1. A victim, dependent of a victim, or person legally acting in behalf of the victim, must first secure a copy of the official Victims Reparations Application Form from their local prosecuting attorney's office, law enforcement agency, victim/witness coordinator, medical provider or from the Board. Assistance in completing the form may be provided by the victim-witness coordinator or the prosecuting attorney's staff in districts that have no victim-witness coordinator. The Crime Victims. Reparations Board staff will also be available to assist in the completion of the form.

2. A form must be completed in its entirety, appropriate itemized documentation and police offense report attached, signed and received by the Board within one (1) year of the incident unless the Board finds good cause for failure to file a timely claim.

(A) Good cause shall include, but not be limited to:

(1) the physical incapacity of a victim

(2) the mental incompetence of a victim

(3) the age of the victim

(4) the injury was not reasonably discoverable

(5) restitution or other collateral source was regularly being paid and then terminated

(6) postal service delays which are verifiable

3. The staff of the board shall log the application as being received and begin a thorough review and verification process.

4. The Board and staff have the authority to conduct investigations and/or request any additional information from the victim, the investigating law enforcement agency, medical personnel and/or facilities, witnesses, employers and others as may be deemed necessary for the proper review and verification of the application.

5. The staff shall make a thorough analysis of the application and attachments, then prepare staff comments relative to the application which shall be filed in the application folder along with supportive data that is pertinent to the investigation.

6. Chancre to:

The the board and/or administrative staff shall have. the authority to review and decide the claims in the following manner:

Claims for compensation of $2,500 or less to be authorized by the board's administrator, chief investigator and claim investigator.

Claims for compensation of $2.501 to $5,000 to be authorized by the board's administrator, attorney and chief investigator.

Claims for compensation of $5.001 to $10.000 to be authorized by (2) two board members with recommendations provided by the board's administrator. attorney and chief investigator.

Delete (The administrative staff shall have the authority to review and decide the following claims;

(a) Claims for compensation of $2,500 or less,

(b) Claims for funeral expenses of $2,500 or less)

7. Claims that the administrative staff has reason to believe should be denied for the following reasons:

(A) The claim is not filed with the Board within one year after the injury or death upon which the claim is based, unless "good cause" for not having done so can be established.

(1) Good cause shall include, but not be limited to:

(a) the physical incapacity of a victim

(b) the mental incompetence of a victim

(c) the age of the victim

(d) the injury was not reasonably discoverable

(e) restitution or other collateral source was regularly being paid and then terminated

(f) postal service delays which are verifiable

(B) The claimant/victim was an offender or an accomplice of the offender. Claimant/victim shall not have been engaged in an illegal activity during his/her victimization.

(C) The award would unjustly benefit the offender or accomplice except as permitted by Rule 9 of the Arkansas Crime Victims Reparations Rules and Regulations. (See Rule 9)

(D) To a victim who is injured or killed while confined in a state, county, or municipal jail, prison, or other correctional facility as a result of conviction of any crime.

(E) To a victim or claimant who has been convicted of a felony involving criminally injurious conduct;

(F) If the crime which resulted in criminally injurious conduct or death was not reported to a law enforcement officer within seventy-two hours after Its occurrence.

(G) The claim does not fulfill criteria established for compensation in Rule No. 8 of the Arkansas Crime Victims Reparations Rules and Regulations of the Board.

If claimant/victim contributed or was offender - compensation shall not be awarded to a claimant/victim who was the offender or an accomplice of the offender or who encouraged or in any way - participated in the criminally injurious conduct. Compensation may be diminished to the extent or the degree of responsibility for the cause of the injury or death attributable to the victim, as determined by the Board.

In determining the amount of an award, the administrative staff shall determine whether, because of his conduct, the victim of such crime or the intervener contributed to the infliction of his injury or to his death, and the Board shall reduce the amount of the award or reject the claim altogether, in accordance with such determination.

Contribution is determined by the action portrayed by the victim at the time of or immediately preceding the crime. While there is no set formula for calculating the percentage of contribution to be assessed, the following factors should serve as a guideline:

(1) If it appears that the victim was provoked by the defendant in a manner threatening bodily harm to the victim, and the victim acted in self defense, no contribution should be assessed.

(2) If it appears that the victim was provoked by the defendant in a manner where bodily harm to the victim appeared unlikely, and the victim used poor judgment because of intoxication or other drug involvement, a 25% contribution factor should be assessed.

(3) If it appears that the defendant was provoked by the victim in a manner where bodily harm appeared unlikely, a 50% contribution factor should be assessed.

(4) If the victim is injured as a result of his conduct not, being that of a prudent person, a 50% contribution factor should also be assessed.

(5) If it appears that the defendant was provoked by the victim in a manner where bodily harm to the defendant appears intentional, a 75% contribution factor should be assessed.

(6) If it appears that the defendant was provoked by the victim in a manner where bodily harm to the defendant is unquestionable, a 100% contribution factor shall be assessed and the claim denied.

(7) If the victim is not wearing protective equipment as prescribed by law, a 25% contribution factor shall be assessed. This includes helmets, seat belts, etc,

(8) If the victim was involved in drugs as verified by the police report or other official documents, a 100% contribution factor should be assessed and the claim denied.

8. The Administrator of the Board shall then make a decision regarding the claim. The claimant/victim shall be mailed notification of the administrative decision within fourteen (14) calendar days by mail. If claim is denied the claimant/victim will be notified by certified mail, return receipt requested.

9. The claimant shall have the right to appeal, administrative decisions of the Board in the manner set forth in Rule No. 14, APPEALS PROCEDURE.

10. In an appeals hearing, all parties shall be afforded an opportunity to appear and be heard.

11. Delete all of number 11

Applications that do not fall under the guidelines of administrative staff decisions shall be presented to the Board. Once the application has been cleared (staff review and comments completed), the application will be placed on the next appropriate Board agenda for consideration. An application must be cleared at least ten (10) calendar days prior to a Board meeting for consideration at that meeting. Those applications not cleared at least ten (10) calendar days prior to a regular meeting shall be considered at the Board meeting the following month, unless it is

(11/1/1994)

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