Haw. Code R. § 23-604-16 - Reductions or denials of awards

(a) In determining whether an award will be reduced or denied, the following may be considered:

(1) Whether an award will substantially enrich the offender;

(2) Whether a person fails to utilize legal remedies (temporary restraining order, etc.);

(3) Whether a person was involved in an illegal activity which was the contributing cause of his death or injury;

(4) Whether a person who fails without good cause to cooperate with law enforcement officials and the prosecuting attorney in providing information that was in the knowledge or possession of the person which is related to the crime that was necessary for the apprehension or prosecution of the offender;

(5) Whether a person who fails to cooperate with the commission in providing any requested information as necessary to make an award brought forward under sections 351-33 and 351-52, Hawaii Revised Statutes;

(6) Whether a person's use of provocative words or actions, just prior to his death or injury;

(7) Whether, in vehicular crimes, an adult victim knowingly and willingly entered a motor vehicle of the offender whom the victim knew or reasonably should have known to be under the influence of drugs or alcohol or otherwise impaired; or

(8) Any other relevant reason.

(b) Awards may be reduced or denied by the receipt of collateral source payments such as:

(1) Temporary disability insurance benefits;

(2) Workers' compensation insurance benefits;

(3) Unemployment insurance benefits;

(4) Employer, union, or other group death or disability benefits/pension;

(5) No-fault insurance benefits;

(6) Proceeds from civil action;

(7) Restitution from the offender; or

(8) Medical or other insurance payments.

Notes

Haw. Code R. § 23-604-16

[Eff SEP 03 1994] (Auth: HRS § 351-68) (Imp: HRS §§ 351-33, 351-35)