The Commission, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies or the Commission staff in the processing of a claim, the Commission may deny, withdraw, or reduce an award of compensation. The Commission shall determine the extent of the cooperation by the victim and the following criteria shall be used:
- (a) The claimant's failure to assist and cooperate with the prosecution of the case or to appear as a witness shall constitute noncooperation and the claim shall be denied.
- (b) In instances in which the claimant initially fails to cooperate with law enforcement but subsequently begins to cooperate, compensation may be reduced or denied to the extent which his/her failure to cooperate hindered the investigation and/or prosecution of the case.
- (c) If law enforcement indicates that the claimant was reluctant to give information pertaining to the crime; failed to appear when requested, without good cause, gave false or misleading information, or attempted to avoid law enforcement, the award shall be denied.
- (d) A claimant’s failure to cooperate with ACVCC’s processing of the claim shall also be a basis for rendering a claim ineligible.
Author: Martin A. Ramsay
Statutory Authority: Code of Ala. 1975, §§15-23-5(14).
History: Filed October 27, 1987. Amended: November 25, 1992. Repealed and New Rule: Filed March 9, 2004; effective April 13, 2004.