(b) A request for an emergency award may be approved if it appears to the office that such claim is one with respect to which an award probably will be made and undue hardship will result to the claimant if immediate payment is not made. The determination by the office of an emergency award request shall include, at a minimum, the consideration of:

1. (1) whether a crime did in fact occur;
2. (2) the eligibility of the person to receive an award pursuant to section 624 of the Executive Law;
3. (3) whether, if the crime upon which the claim is based did not result in the death of such person, the person contributed to their injuries because of their conduct pursuant to subdivision 5 of section 631 of the Executive Law;
4. (4) the office as payer of last resort, pursuant to subdivision 4 of section 631 of the Executive Law;
5. (5) whether the claimant and/or victim failed to cooperate with the reasonable requests of law enforcement authorities, including prosecutors; and
6. (6) the out-of-pocket loss, as defined in section 626 of the Executive Law, upon which the request for an emergency award is made.