2023 New York Laws › EXC - Executive › Article 22 - Office of Victim Services › 627 - Determination of Claims.

§  627.  Determination of claims. 1. The office shall determine claims
in accordance with rules and regulations promulgated  by  the  director.
Such rules and regulations must provide for:
(a)  written  notification  to  an  applying  victim of their right to
representation by counsel, as well as their potential eligibility for an
award of attorney's fees pursuant to  subdivision  one  of  section  six
hundred twenty-six of this article;
(b)   administrative  procedures  regarding  the  intake  and  initial
processing of claims, including mandatory timelines for  the  initiation
of investigation of a properly filed claim;
* (c)  the  investigation  and  determination  of claims regardless of
whether the alleged criminal has been apprehended or prosecuted  for  or
convicted  of  any  crime  based  upon  the  same  incident, or has been
acquitted, or found not  guilty  of  the  crime  in  question  owing  to
criminal irresponsibility or other legal exemption;
* NB Effective until December 31, 2025
* (c)  the  investigation  and  determination  of claims regardless of
whether the alleged criminal has been arrested, charged, apprehended  or
prosecuted  for  or convicted of any crime based upon the same incident,
or has been acquitted, or found not guilty  of  the  crime  in  question
owing to criminal irresponsibility or other legal exemption;
* NB Effective December 31, 2025
(d)  the  rebuttable  presumption  that a child reported missing for a
time period exceeding seven days is a victim of a crime;
(e) the generation of a  written  decision  for  each  properly  filed
claim,  and  written  notice to the claimant of the written decision and
their right to a copy of such a decision,  as  well  as  any  rights  to
appeal  that  the claimant may have of the decision and a projected date
of payment in the case of an award to the claimant;
(f) expedited  determination  of  claims  with  respect  to  a  livery
operator  within  thirty  days  of  the  date  upon  which the claim was
accepted for filing, as well as standards for awards of loss of earnings
or support granted pursuant to  rules  and  regulations  promulgated  in
accordance with the provisions of this subdivision and subdivision three
of  section  six hundred thirty-one of this article. Each award for loss
of earnings pursuant to rules and regulations promulgated in  accordance
with  this  subdivision  made with respect to a claim involving a livery
operator assault victim shall be for such period of time as  the  office
determines that the livery operator assault victim is unable to work and
has  lost  earnings  as  a  result  of such assault, in an amount not to
exceed twenty thousand dollars.  Such  award  shall  be  distributed  in
increments  of  five  hundred  dollars  per week. Each award for loss of
support pursuant to rules and regulations promulgated in accordance with
this subdivision made  with  respect  to  a  claim  involving  a  livery
operator  homicide  victim  shall  be  in  the amount of twenty thousand
dollars, distributed in increments of five hundred dollars per week; and
(g) provisions for any claimant to submit an additional claim for  any
loss  of earnings or support in excess of the amount awarded pursuant to
rules  and  regulations  in  accordance  with  paragraph  (f)  of   this
subdivision,  or  an  additional  claim  for any other award pursuant to
rules and regulations promulgated in accordance with  this  article,  in
each  case  pursuant  to  and in accordance with the other provisions of
this article or any rules  and  regulations  promulgated  in  accordance
thereof   and  subject  to  any  applicable  maximum  award  limitations
contained in this article.
2. The claimant may, within thirty days after receipt of the  decision
of  the  office regarding a claim, make an application in writing to the
director of  the  office  for  reconsideration  of  such  decision.  The

director,  or  his  or her designee, shall consider such applications in
accordance with rules and regulations promulgated by  the  director  and
may  affirm or modify the decision. The decision of the director, or his
or  her  designee,  shall  become  the final determination of the office
regarding the claim.