An applicant may file an application for compensation by
telephone or in writing within two years of the occurrence or discovery of a
crime pursuant to Iowa Code section
915.84(1). For
a victim of sexual abuse when the offender has been referred pursuant to Iowa
Code chapter 229A, the date of the discovery of the crime shall be considered
to be the date when the referral was made. The program may waive the
requirements of Iowa Code section 915.84(1) if good cause is shown.
(1)
Application postmarked.
An application postmarked within the prescribed time period shall be considered
timely filed.
(2)
Good
cause. In determining whether there is good cause for waiver of the
two-year application filing requirement, the victim's age, physical condition,
psychological state, and cultural or linguistic barriers and any compelling
health or safety reasons that would jeopardize the well-being of the victim may
be considered.
(3)
Multiple
erroneous claims. When two or more applications are filed by or on
behalf of an individual applicant during a calendar month and the applications
appear on initial review to be erroneous claims based on innocent
misrepresentation or circumstances of a similar nature, the claims shall be
treated as a single application. Verification shall be investigated for each
crime recorded in a file with multiple erroneous applications. If any of the
crimes recorded in a combined application are verified as compensable crimes,
the applications for compensation for those crimes shall be separated from the
combined file and assigned distinct application numbers. The program will
notify the applicant whenever two or more applications have been combined as
one application.
(4)
Program effective date. The effective date of the crime victim
compensation program is January 1, 1983. Victims and survivors of crimes that
were committed prior to the effective date may be eligible for compensation if
the program can obtain sufficient documentation to verify
eligibility.
(5)
Concurrent
primary and secondary applications. A victim may be both a primary
victim and a secondary victim in the same crime. The secondary victim
application shall not be opened until a benefit has been exhausted for the
primary application and there is documentation of need for further benefits in
that category. The secondary victim application shall be considered timely
filed if the primary victim application was timely filed.
(6)
Concurrent secondary victim
applications. A victim may be a secondary victim to multiple primary
victims in a crime. A subsequent secondary victim application shall not be
opened until a benefit has been exhausted in the first secondary victim
application and there is documentation of need for further benefits in that
category. Subsequent secondary victim applications shall be considered timely
filed if the primary victim application was timely filed.
Notes
Iowa Admin. Code
r. 61-9.28
Amended by
IAB
July 31, 2019/Volume XLII, Number 3, effective
9/4/2019
Adopted by
IAB
November 13, 2024/Volume XLVII, Number 10, effective
12/18/2024
