New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.13 - Review of a decision on a claim

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The claimant may, within 30 days after
				receipt of the decision of the office, make an application in writing to the
				office for reconsideration of such decision. Such application shall include the
				claim number and an original signature of the claimant.
(b) Upon receipt of an application pursuant
				to subdivision (a) of this section, the director and/or his or her designee(s)
				shall either re-open the claim for reconsideration based upon new information
				or approve the application for the director and/or his or her designee(s) to
				review the record, to affirm or modify the decision of the office. The director
				shall ensure the person or persons reviewing the record shall not include the
				person who made the determination which is being reviewed. If the application
				for reconsideration is based wholly upon the law under which the office
				operates, a decision may be issued without a hearing. If the application for
				reconsideration is based in part or wholly upon the facts of the claim, the
				office shall notify the claimant of the date and time during which the director
				and/or his or her designee(s) will consider their application. The claimant may
				request to personally appear or otherwise make him or herself available in a
				manner prescribed by the director and/or his or her designee(s) at such time
				for a hearing pursuant to section
				525.8  of this Part prior
				to the rendering of a decision. If such hearing is requested and the claimant
				fails to appear or be available in the manner prescribed by the director and/or
				his or her designee(s), the hearing shall be considered waived by the claimant
				and the director and/or his or her designee(s) shall review the record to make
				its final determination, unless the director and/or his or her designee(s), for
				good cause shown, finds such failure to have been justified. If such hearing is
				not requested, the director and/or his or her designee(s) shall review the
				record and make its determination. The decision of the director and/or his or
				her designee(s) shall become the final determination of the office. The
				director and/or his or her designee(s) shall issue a written determination. The
				determination shall state in writing the reason(s) therefor. Should the
				determination contain a specific payment or payments to the claimant or
				provider(s), the determination shall state in writing the projected date of
				such payment(s). A copy of the determination shall become part of the claim's
				file and the claimant and/or his or her attorney shall be provided a copy of
				such determination.
(c) A written
				determination shall have printed or typed thereon notices to the claimant
				and/or attorney. These notices shall include 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.
(d) If
				no application is received pursuant to subdivision (a) of this section, the
				decision of the office shall become the final determination.
(e) The office may reinvestigate or reopen
				cases at any time, as the office deems necessary.