(a)
- (1) Any person entitled to protection under 6 CAR § 195-104(a) shall submit a notice of claim to the Program Administrator.
- (2) The notice of claim shall be sent by certified mail, return receipt requested, to: School Worker Defense Program ATTN: Program Administrator Division of Elementary and Secondary Education Four Capitol Mall Little Rock, Arkansas 72201
(3) The notice of claim shall include the following information:
- (A) The name, address, telephone number, and position of the entity or individual covered under 6 CAR § 195-104(a);
- (B) If the claim is filed pursuant to 6 CAR § 195-104(b):
(i) A copy of the summons and complaint; and
(ii) An explanation of how the acts and omissions of the employee or volunteer in question were in the performance of his or her official duties;
- (C) If the claim is filed pursuant to 6 CAR § 195-104(c) or § 195-104(d), a copy of relevant court documents indicating the withdrawal, dismissal, or acquittal of criminal charges;
- (D) If the claim is filed pursuant to 6 CAR § 195-104(d), an explanation of the reasons why extraordinary attorney’s fees and costs are appropriate;
(E)
- (i) A description of the nature of each insurance policy that may provide coverage for the claim.
- (ii) This description shall include, but not be limited to, coverage limits under each policy; and
- (F) The name, address, and telephone number of the attorney who will represent the covered entity or person in the matter or a request for an attorney to be appointed by the School Worker Defense Program.
- (4) Notice of any claim must be given to the program within thirty (30) days of a covered person or entity having knowledge of a civil or criminal action being filed or having reason to believe that a claim under the program will be made, whichever is later.
- (5) Once notice has been received by the covered person or entity as to the formal filing of charges or complaints, immediate notice shall be given to the program along with copies of any summons and complaints.
(b)
- (1) For requests for payment or reimbursement, the covered individual or entity shall provide an itemized invoice along with backup documentation and any information required by the Division of Elementary and Secondary Education to substantiate the amounts listed in the invoice.
(2)
- (A) Invoices and backup documentation shall be submitted by the covered individual or entity quarterly (every three (3) months).
- (B) Invoices that are not submitted on a timely basis may not be paid by the program.
- (3) To be submitted on a timely basis, any request for payment of an expense or reimbursement, other than attorney's fees paid pursuant to 6 CAR § 195-104(c) and § 195-104(d), must be received by the Program Administrator within three (3) months of the date the expense was incurred by or known to the covered entity or person or attorney.
(4)
- (A) For invoices requesting the payment of attorney’s fees, the program may reimburse the covered individual or entity for attorney’s fees up to one hundred dollars ($100) per hour.
(B) The payment of fees in excess of one hundred dollars ($100) per hour is the responsibility of the covered individual or entity.
- (c) The Program Administrator shall make an initial determination of whether the request for protection, coverage, reimbursement, or payment meets the requirements of Arkansas Code § 6-17-1113 and this part.
- (d)
- (1) The Program Administrator shall notify the individual or entity making the claim or request for reimbursement and/or payment of the initial determination, in writing, within ten (10) days of receipt of the notice of claim or request for reimbursement and/or payment, subject to the provision of subsection (e) of this section.
- (2) If the Program Administrator denies a claim, the Program Administrator shall provide in writing the reasons for the denial.
(e)
- (1) The Program Administrator may request additional information before making an initial determination.
- (2) If additional information is needed for a proper determination, and if the Program Administrator gives timely notice of the request to the individual or entity making the claim, the Program Administrator may approve or disapprove the request for protection, coverage, reimbursement, or payment within ten (10) days of receipt of the additional information.