Authority: IC
5-2-6.1-46
Affected: IC
5-2-6.1
Sec. 5.
(a) A claim,
when accepted as complete or when set for hearing, shall be investigated by the
division as to its validity, regardless of whether the alleged perpetrator has
been apprehended for, prosecuted for, or convicted of any crime based upon the
same alleged incident.
(b) All
claimants under IC
5-2-6.1 shall cooperate with claims
analysts and other representatives of the division in order to be eligible for
an award. In the event that such cooperation is refused or denied, the division
may, in the discretion of the director, deny such claims.
(c) The division shall obtain written
verification of all events, claims, and sums of money alleged by the claimant
to the greatest degree possible through the following:
(1) Police agencies.
(2) Providers of medical assistance and
funeral services.
(3)
Employers.
(4) Witnesses.
(5) Any other relevant source.
If discrepancies arise, the division may interview the
claimant, or victim if other than the claimant, in order to establish such
verifications and consistency of the record of the claim.
(d) After receipt of all
information necessary to process a claim, a claims analyst shall prepare a
written case report and preliminary determination recommendation on the claim.
The case report shall be delivered to the director, or the director's designee,
and shall:
(1) contain a statement of the
facts alleged by the claimant;
(2)
describe the verifications and discrepancies; and
(3) make a recommendation as to whether or
not assistance should be provided, the amounts payable, including reasonable
attorney's fees, if any, and a rationale of the recommendation.
The director, or the director's designee, shall then review
the entire file together with the case report and preliminary determination
recommendation. If the director, or the director's designee, disagrees with the
claims analyst's preliminary determination recommendation in whole or in part,
the director, or the director's designee, shall remand the claim for further
investigation or request that the matter be set for hearing.
(e) If the director, or the
director's designee, agrees with the claims analyst's recommendation to deny
the claim, the director, or the director's designee, shall issue to the
claimant a preliminary determination stating the reason or reasons for the
denial. The preliminary determination shall be sent by first class United
States mail to the claimant's last known address. A claimant who disagrees with
the preliminary determination may request a hearing. This request must be made
in writing within thirty (30) days from the date of the preliminary
determination. The claimant's failure to timely request a hearing shall
constitute a waiver of the hearing and a consent to the agency action described
in the preliminary determination, and a notice of final determination will then
be issued to the claimant. Where timely requested, a hearing will be set and
will be limited to the reason or reasons for the denial stated in the
preliminary determination.
(f) If
the director, or the director's designee, agrees with the claims analyst's
recommendation to award the claim, the director, or the director's designee,
shall issue a notice of award stating the amount of the award and its
allocation. If a claimant disagrees with the notice of award, the claimant may
request a hearing. This request must be made in writing within thirty (30) days
from the date of the notice of award.
