Arkansas Administrative Code › Agency 143 - Arkansas Crime Victims Reparations Board › Division 01 - Department of Public Safety › Rule 143.01.20-001 - CVRB Rules

Current through Register Vol. 49, No. 6, June, 2024
Rule No. 1
TITLE AND OPERATIVE DATE OF THE ACT
The title of the Act under which these rules are being
				promulgated is known as the Arkansas Crime Victims Reparations Act, hereinafter
				referred to as the Act.
The operative date of the Act is July 1, 1988.
Rule No. 2
DEFINITIONS
1.
BOARD -
Means the Arkansas
			 Crime Victims Reparations Board, hereinafter referred to as the
			 Board.
2.
CLAIMANT -
Means any of the following persons applying for reparations under this act:
a. a victim,
b. dependent of a victim who has died because
			 of criminally injurious conduct, or
c. a person authorized to act on behalf of
			 any of the persons listed above.
The term shall not include a service provider.
3.
VICTIM -
Means a person who
			 suffers personal injury or death as a result of criminally injurious conduct
			 committed within the state of Arkansas. The term further includes any Arkansas
			 resident who suffers personal injury as the result of criminally injurious
			 conduct which occurs in states presently not having crime victims reparations
			 programs for which the victim is eligible and any Arkansas resident who is
			 injured or killed by an act of terrorism committed outside of the United States
			 as defined in § 2331, Title 18, United States Code.
The term "victim" shall include a person who:
(A) is an immediate family member of a
				deceased victim, a victim of sexual assault, or a child victim;
(B) is not an immediate family member, but
				resided, at the time of the crime, in the same permanent household as a
				deceased victim;
(C) discovered the
				body of a victim who dies as the result of criminally injurious
				conduct.
(D) is the minor child,
				whether by blood, adoption, or marriage, of an eligible
				victim.
4.
DEPENDENT -
Means a natural person wholly or partially dependent
			 upon the victim for care or support, and includes a child of a victim born
			 after the death of the victim where the death occurred as a result of
			 criminally injurious conduct.
5.
IMMEDIATE FAMILY
- Means a person's spouse, children, parents or
			 guardian, siblings, and grandparents whether related by blood, adoption, or
			 marriage.
6.
CRIMINALLY
			 INJURIOUS CONDUCT -
Means an act which occurs or is attempted in this
			 state that results in personal injury or death to a victim which is punishable
			 by fine, imprisonment or death. This term shall include acts of terrorism
			 committed outside of the United States as defined in §2331, Title 18,
			 United States Code, against any Arkansas resident. This term shall not include
			 acts arising out of the operation of motor vehicles, boats or aircraft unless
			 the acts involve any of the following:
(A)
			 Injury or death intentionally inflicted through the use of a motor vehicle,
			 boat, or aircraft;
(B) A violation
			 of the Omnibus DWI Act, A.C.A.§ 5-65-101 et. seq;
(C) A violation of A.C.A. § 27-53-101
			 (Leaving the scene of an accident involving serious injury or
			 death).
7.
PERSONAL
			 INJURY
- Means actual bodily harm, including pregnancy or mental
			 anguish, which is the direct result of a violent criminal act.
8.
ECONOMIC LOSS -
Means
			 monetary detriment consisting of allowable expense, and work loss, but shall
			 not include non-economic detriment.
9.
ALLOWABLE EXPENSE -
Means
			 charge incurred for needed products, services and accommodations, including,
			 but not limited to medical care, rehabilitation, rehabilitative occupational
			 training, crime scene cleanup, and other remedial treatment and care. It also
			 includes a total charge not in excess of Seven Thousand Five Hundred Dollars
			 ($7,500) for expenses related to funeral, cremation or burial. Such term shall
			 also include the cost of legal services for the establishment of guardianship
			 for minor children as per Rule 18 of the Arkansas Crime Victims Reparations
			 Board Rules.
10.
WORK LOSS
			 -
Means loss of income from work the victim or claimant would have
			 performed in their regular course of employment if the victim had not been
			 injured or died, reduced by any income from substitute work actually performed
			 by the victim or claimant or by income the victim or claimant would have earned
			 in available appropriate substitute work that he or she was capable of
			 performing but unreasonably failed to undertake. Individuals filing claims must
			 provide clear and convincing evidence of employment including but not limited
			 to pay stubs, tax returns or certified documentation from employer.
11.
NON-ECONOMIC DETRIMENT -
Means pain, suffering, inconvenience, physical impairment and non-pecuniary
			 damage.
12.
COLLATERAL SOURCE
			 -
Means a source of benefits or advantages for economic loss which the
			 claimant has received, or which is readily available to the claimant including
			 but not limited to any one or more of the following:
(a) the offender,
(b) the government of the United States or
			 any agency thereof, in the form of benefits, such as Social Security, Medicare,
			 and Medicaid, or a state or any of its political subdivisions,
(c) state required temporary non-occupational
			 disability insurance,
(d) workers'
			 compensation,
(e) wage continuation
			 programs of any employer,
(f)
			 proceeds of a contract of insurance payable to the claimant for loss which the
			 victim sustained because of the criminally injurious conduct, or
(g) a contract providing prepaid hospital and
			 other health care service or benefits for disability.
13.
CATASTROPHIC -
Means
			 injuries involving a sustained loss of function, including but not limited to
			 any of the following conditions: mangling, crushing, or amputation of a major
			 portion of an extremity; traumatic injury to the spinal cord that has caused or
			 may cause paralysis; severe burns that require burn center care; or serious
			 head injury, loss of vision, or loss of hearing.
14.
TOTAL AND PERMANENT
			 DISABILITY
- Means an impairment based upon demonstrable medical
			 evidence, which restricts the victim from performing the usual tasks of a
			 worker to such an extent that the victim cannot maintain
			 employment.