Arkansas Administrative Code › Agency 143 - Arkansas Crime Victims Reparations Board › Rule 143.00.16-001 - Rule No. 12: Application Review Procedure

Current through Register Vol. 49, No. 6, June, 2024
1. A victim, dependent of a victim, or person
		  legally acting in behalf of the victim, must first secure a copy of the
		  official Victims Reparations Application Form from their local prosecuting
		  attorney's office, law enforcement agency, victim/witness coordinator, service
		  provider or from the Board. Assistance in completing the form may be provided
		  by the victim/witness coordinator or the prosecuting attorney's staff in
		  district that have no victim/witness coordinator. The Crime Victims Reparations
		  Board staff will also be available to assist in the completion of the
		  form.
2. A form must be completed
		  in its entirety, and accompanied with an itemized statement and police offense
		  report or other official documentation from the agency to which the incident
		  was reported.
3.
A victim
		  must submit a Victims Reparations Application as a necessary (but not
		  sufficient) condition of directly receiving payment. The Board may directly
		  reimburse a medical-care provider for costs associated with a sexual-assault
		  testing-kit, even in the absences of a victim's application. 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.
4. The
		  staff of the Board shall log the application as being received and begin a
		  thorough review and verification process.
5. The Board and staff have the authority to
		  conduct investigations and/or request any additional information from the
		  victim, the investigating law enforcement agency, medical personnel and/or
		  facilities, witnesses, employers and others as may be deemed necessary for the
		  proper review and verification of the application.
6. 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.
7. Except in cases where a conflict of
		  interest exists as set forth in Rule No. 23, the administrative staff shall
		  have the authority to review and decide crime victim reparations claims up to
		  the maximum allowable amount of Ten Thousand Dollars ($10,000) or Twenty-five
		  Thousand Dollars ($25,000) for victims whose injuries are catastrophic and
		  result in a total and permanent disability.
8. The Board shall make a decision regarding
		  the claim. The claimant/victim shall be mailed notification of the decision
		  within fifteen (15) calendar days by mail. If the claim is denied the
		  claimant/victim will be notified by certified mail, return receipt
		  requested.
9. The claimant shall
		  have the right to appeal decisions of the Board in the manner set forth in Rule
		  No. 14, APPEALS PROCEDURE.
1. A
		  victim, dependent of a victim, or person legally acting in behalf of the
		  victim, must first secure a copy of the official Victims Reparations
		  Application Form from their local prosecuting attorney's office, law
		  enforcement agency, victim/witness coordinator, service provider or from the
		  Board. Assistance in completing the form may be provided by the victim/witness
		  coordinator or the prosecuting attorney's staff in district that have no
		  victim/witness coordinator. The Crime Victims Reparations Board staff will also
		  be available to assist in the completion of the form.
2. A form must be completed in its entirety,
		  and accompanied with an itemized statement and police offense report or other
		  official documentation from the agency to which the incident was
		  reported.
3.
A victim must
		  submit a Victims Reparations Application as a necessary (but not sufficient)
		  condition of directly receiving payment. The Board may directly reimburse a
		  medical-care provider for costs associated with a sexual-assault testing-kit,
		  even in the absences of a victim's application. 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.
4. The
		  staff of the Board shall log the application as being received and begin a
		  thorough review and verification process.
5. The Board and staff have the authority to
		  conduct investigations and/or request any additional information from the
		  victim, the investigating law enforcement agency, medical personnel and/or
		  facilities, witnesses, employers and others ·as may be deemed
		  ·necessary for the proper review and verification of the
		  application.
6. 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.
7. Except in cases
		  where a conflict of interest exists as set forth in Rule No. 23, the
		  administrative staff shall have the authority to review and decide crime victim
		  reparations claims up to the maximum allowable amount of Ten Thousand Dollars
		  ($10,000) or Twenty-five Thousand Dollars ($25,000) for victims whose injuries
		  are catastrophic and result in a total and permanent disability.
8. The Board shall make a decision regarding
		  the claim. The claimant/victim shall be mailed notification of the decision
		  within fifteen (15) calendar days by mail. If the claim is denied the
		  claimant/victim will be notified by certified mail, return receipt
		  requested.
9. The claimant shall
		  have the right to appeal decisions of the Board in the manner set forth in Rule
		  No. 14, APPEALS PROCEDURE.