(a)
(1) A victim, dependent of a victim, or person legally acting on behalf of the victim must first secure a copy of the official Victims Reparations Application form from:
- (A) Their local prosecuting attorney's office, law enforcement agency, victim/witness coordinator, service provider; or
- (B) The Crime Victims Reparations Board.
(2) Assistance in completing the form may be provided by the:
- (A) Victim/witness coordinator; or
- (B) Prosecuting attorney's staff in districts that have no victim/witness coordinator.
- (3) The board’s staff will also be available to assist in the completion of the form.
(b) A form must be:
- (1) Completed in its entirety; and
- (2) Accompanied with an itemized statement and police offense report or other official documentation from the agency to which the incident was reported.
(c)
- (1) A victim must submit a Victims Reparations Application as a necessary (but not sufficient) condition of directly receiving payment.
- (2) The board may directly reimburse a medical care provider for costs associated with a sexual assault testing kit, even in the absence of a victim's application.
- (3) Such costs, which include those associated with testing for sexually transmitted diseases, may be reimbursed regardless of which fund or cost center is used to make the reimbursement.
(d) The staff of the board shall:
- (1) Log the application as being received; and
- (2) Begin a thorough review and verification process.
(e) The board and staff have the authority to conduct investigations and/or request any additional information from:
- (1) The victim;
- (2) The investigating law enforcement agency;
- (3) Medical personnel and/or facilities;
- (4) Witnesses;
- (5) Employers; and
- (6) Others as may be deemed necessary for the proper review and verification of the application.
- (f) 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.
(g) The administrative staff shall have the authority to review and decide crime victim reparations claims up to the maximum allowable amount of:
- (1) Ten thousand dollars ($10,000); or
- (2) Twenty-five thousand dollars ($25,000) for victims whose injuries are catastrophic and result in a total and permanent disability.
(h)
- (1) The administrative staff of the board shall then make a decision regarding the claim.
- (2) The claimant/victim shall be mailed notification of the administrative decision within fifteen (15) calendar days by mail.
- (3) If the claim is denied, the claimant/victim will be notified by certified mail, return receipt requested.
- (i) The claimant shall have the right to appeal decisions of the board in the manner set forth in 16 CAR § 60-208.