reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.13 - Stay requests and determinations

Current through Register Vol. 56, No. 14, July 15, 2024
Where a penalty has been issued or adopted in a Commission
				  final decision, the licensee may submit a written request to the Commission
				  Executive Director for a stay pending appeal to the Appellate Division of the
				  Superior Court of New Jersey, which written request shall set forth all facts
				  and arguments in support of the stay request. The Commission Executive Director
				  may deny a stay request if he or she determines that the grant of a stay would
				  be adverse to the best interests of exchange wagering, adverse to the best
				  interests of racing, or inimical to the integrity of racing. The decision of
				  the Commission Executive Director on the stay request shall constitute a final
				  decision, which may be appealed to the Superior Court of New Jersey, Appellate
				  Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.14 - Reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
Full force and effect shall be given to the denial,
				  revocation, or suspension of any license by any other racing commission, or
				  other regulatory body, with the responsibility to oversee the conduct of
				  racing, off-track-wagering, account wagering, or exchange
				  wagering.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74D - ISSUANCE OF SPORTS WAGERING LICENSE TO RACETRACK PERMIT HOLDER › Subchapter 1 - GENERAL PROVISIONS › Section 13:74D-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The words and terms, when used in this chapter, shall have
				  the following meanings, unless the context clearly indicates otherwise:
"Act" means the Sports Wagering Act,
				  P.L.
				  2018, c. 33 (N.J.S.A.
				  5:12A-10 et seq.).
"Division" means the Division of Gaming Enforcement
				  established pursuant to section 55 of P.L. 1977, c. 110 (N.J.S.A.
				  5:12-55).
"Executive Director" means the Executive Director of the
				  Racing Commission, or his or her designee.
"Former racetrack" means any former racetrack where a horse
				  race meeting was conducted within 15 years prior to the effective date of
				  P.L.
				  2014, c. 62
				  (N.J.S.A.
				  5:12A-7et seq.), excluding premises other
				  than the land contained within the racecourse oval.
"Online sports pool" means a sports wagering operation in
				  which wagers on sports events are made through computers or mobile or
				  interactive devices and accepted at a sports wagering lounge through an online
				  gaming system, which is operating pursuant to a sports wagering permit issued
				  by the Division or Racing Commission pursuant to
				  P.L.
				  2018, c. 33.
"Operator" means a casino or a racetrack, which has elected
				  to operate a sports pool, either independently or jointly, and any entity with
				  whom a casino or racetrack licensed to operate a sports pool contracts to
				  operate a sports pool or online sports pool, including an Internet sports pool
				  operator, on its behalf
"Racetrack" means the physical facility and the land, as of
				  the effective date of
				  P.L.
				  2018, c. 33, where a
				  permit holder conducts a horse race meeting with wagering under a license
				  issued by the Racing Commission pursuant to P.L. 1940, c. 17 (N.J.S.A.
				  5:5-22et seq.), and includes any former
				  racetrack.
"Racing Commission" means the New Jersey Racing Commission
				  established by section 1 of P.L. 1940, c. 17 (N.J.S.A.
				  5:5-22).
"Sports pool" means the business of accepting wagers on any
				  sports event by any system or method of wagering, including, but not limited
				  to, single-game bets, teaser bets, parlays, over-under, moneyline, pools,
				  exchange wagering, in-game wagering, in-play bets, proposition bets, and
				  straight bets.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74D - ISSUANCE OF SPORTS WAGERING LICENSE TO RACETRACK PERMIT HOLDER › Subchapter 1 - GENERAL PROVISIONS › Section 13:74D-1.2 - Applicability; incorporation of the rules of the Division by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A racetrack
				permit holder or the owner and/or lessee of a former racetrack may file an
				application for a license authorizing it to operate a sports pool in accordance
				with the provisions of the Act, this chapter, and the rules promulgated by the
				Division pursuant to the Act. The Racing Commission hereby incorporates the
				rules of the Division applicable to sports wagering promulgated pursuant to the
				Act by reference (see 50 NJ.R. 1652(a)).
(b) A racetrack permit holder or the owner
				and/or lessee of a former racetrack that holds a sports wagering license and a
				casino that holds a sports wagering license may enter into an agreement to
				jointly operate a sports pool at a racetrack, in accordance with the provisions
				of the Act, this chapter, and the rules promulgated by the Division pursuant to
				the Act, provided that the terms of the agreement are approved by the Racing
				Commission and the Division.
(c) A
				racetrack permit holder or the owner and/or lessee of a former racetrack that
				holds a sports wagering license may conduct an online sports pool or may
				authorize an Internet sports pool operator licensed as a casino service
				industry enterprise pursuant to P.L. 1977, c. 110, section 92 (N.J.S.A.
				5:12-92), or an applicant for such license,
				to operate an online sports pool on its behalf provided the terms of the
				agreement are approved by the Racing Commission and the Division.
(d) The racetrack permit holder's operation
				of a sports pool or online sports pool shall comply with the Act and the rules
				promulgated by the Division pursuant to the Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74D - ISSUANCE OF SPORTS WAGERING LICENSE TO RACETRACK PERMIT HOLDER › Subchapter 1 - GENERAL PROVISIONS › Section 13:74D-1.3 - Application for transactional waiver authorizing issuance of sports wagering license and immediate commencement of sports wagering

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A racetrack permit holder may file a
				letter with the Racing Commission applying for a transactional waiver to
				immediately commence sports wagering. Upon a showing that the applicant
				currently holds a permit to conduct live racing in the State of New Jersey, the
				Racing Commission shall immediately issue a sports wagering license to the
				permit holder allowing for the immediate commencement of sports wagering
				subject to the condition that the permit holder comply with the Act, this
				chapter, and the rules of the Division promulgated pursuant to the Act, by
				March 8, 2019 (270 days from the effective date of the Act). In the event the
				permit holder fails to comply with the Act, this chapter, or the rules of the
				Division promulgated pursuant to the Act within such time period, the
				non-complying permit holder will not thereafter be eligible to conduct sports
				wagering until such compliance is achieved and, if applicable, the license is
				renewed by application to the Division.
(b) The letter applying for a transactional
				waiver shall be filed with the Executive Director who shall have the authority
				to issue the sports wagering license upon finding that the waiver applicant
				currently holds a permit to conduct live racing in the State of New Jersey and
				that the permit holder is in good standing with the Racing Commission. If
				issued pursuant to the grant of an application for a transactional waiver, the
				sports wagering license shall be valid for 365 days. The permit holder shall
				file an application for the grant of an initial license with the Racing
				Commission pursuant to
				N.J.A.C.
				13:74D-2.1within 60 days of the filing of the
				letter applying for the transactional waiver.
(c) The Executive Director shall have the
				authority to determine whether the permit holder has complied with this chapter
				by March 8, 2019 (270 days of the effective date of the Act). The Division
				shall have the authority to determine whether the permit holder has complied
				with the Act and the rules of the Division promulgated pursuant to the Act by
				March 8, 2019 (270 days of the effective date of the Act). In the event that
				either the Executive Director or the Division determines that the permit holder
				is not in compliance, the Executive Director shall summarily order the
				non-complying permit holder to immediately cease sports wagering until such
				compliance is achieved.
(d) If the
				Executive Director and the Division certify that the permit holder has complied
				with the Act, this chapter, and the rules of the Division promulgated pursuant
				to the Act pursuant to (c) above, the initial license shall remain valid for
				365 days from the date of issuance.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74D - ISSUANCE OF SPORTS WAGERING LICENSE TO RACETRACK PERMIT HOLDER › Subchapter 2 - APPLICATION FOR INITIAL SPORTS WAGERING LICENSE › Section 13:74D-2.1 - Grant of initial sports wagering license to racetrack permit holder or owner and/or lessee of a former racetrack

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The racetrack permit holder or the owner
				and/or lessee of a former racetrack shall make an application for an initial
				sports wagering license on a form prescribed by the Racing Commission. The
				application shall be accompanied by a non-refundable filing fee of $
				100,000.
(b) An application for an
				initial sports wagering license shall not be considered complete unless:
1 . The permit holder or the owner and/or
				lessee of a former racetrack demonstrates, and the Racing Commission's
				investigation into the application confirms, that the requirements of the Act
				and this chapter have been satisfied;
2. The permit holder or the owner and/or
				lessee of a former racetrack has completely answered each question within the
				application, submitted the original and two copies of the application, and has
				fully complied with all of the Executive Director's requests for additional
				information;
3. The permit holder
				has demonstrated that it has given a one-time right of first refusal offer of
				employment at the sports pool to any person employed by the permit holder on
				the effective date of the Act (June 11, 2018) in the admissions department or
				parimutuel clerk department of the racetrack; and
4. The application is accompanied by a
				certification signed by a high managerial agent attesting that the disclosures
				within the application and within its attachments are true, accurate, and
				complete.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74D - ISSUANCE OF SPORTS WAGERING LICENSE TO RACETRACK PERMIT HOLDER › Subchapter 2 - APPLICATION FOR INITIAL SPORTS WAGERING LICENSE › Section 13:74D-2.2 - Grant of initial sports wagering license to a former racetrack

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner
				and/or lessee of the property upon which existed a former racetrack may make
				application for an initial sports wagering license, pursuant to the
				requirements of N.J.A.C. 13:74D-2.1, to conduct sports wagering on that
				property, upon satisfying the following prerequisites:
1. The property owner shall provide a copy of
				the deed to the land and a physical description of same to the Racing
				Commission's Executive Director to prove ownership.
2. The property lessee shall provide a copy
				of the lease, which shall run for a period not less than five years from the
				date of the application, and a copy of the deed, which shall indicate that the
				land is under fee ownership of the lessor, to the Racing Commission's Executive
				Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74D - ISSUANCE OF SPORTS WAGERING LICENSE TO RACETRACK PERMIT HOLDER › Subchapter 2 - APPLICATION FOR INITIAL SPORTS WAGERING LICENSE › Section 13:74D-2.3 - Sports wagering by certain persons excluded

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No Commission licensee may, at any time,
				directly or indirectly, place a sports wager in connection with any race where
				that licensee has performed any service whatsoever, or will participate in the
				race, where that service performed or participation would be pursuant to the
				license or licenses issued to such person by the Commission.
(b) All persons appearing on the Racing
				Commission's self-exclusion list, maintained pursuant to
				N.J.S.A.
				5:5-65.1 and 65.2, shall be excluded from
				sports wagering as required by the Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74D - ISSUANCE OF SPORTS WAGERING LICENSE TO RACETRACK PERMIT HOLDER › Subchapter 3 - OPERATION OF SPORTS POOL AT A RACETRACK OR ONLINE SPORTS POOL BY RACETRACK › Section 13:74D-3.1 - Operation of sports pool at a racetrack or former racetrack

Current through Register Vol. 56, No. 14, July 15, 2024
A sports pool at a racetrack or former racetrack shall be
				  operated in full compliance with the rules of the Division promulgated pursuant
				  to the Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74D - ISSUANCE OF SPORTS WAGERING LICENSE TO RACETRACK PERMIT HOLDER › Subchapter 3 - OPERATION OF SPORTS POOL AT A RACETRACK OR ONLINE SPORTS POOL BY RACETRACK › Section 13:74D-3.2 - Operation of online sports pool by racetrack permit holder or former racetrack licensee

Current through Register Vol. 56, No. 14, July 15, 2024
All applications to operate an online sports pool by a
				  racetrack permit holder or the owner and/or lessee of a former racetrack that
				  has been granted a sports wagering license shall be filed with the Division in
				  accordance with the requirements of its rules promulgated pursuant to the Act.
				  Any online sports pool shall be operated in full compliance with the rules of
				  the Division promulgated pursuant to the Act
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74D - ISSUANCE OF SPORTS WAGERING LICENSE TO RACETRACK PERMIT HOLDER › Subchapter 3 - OPERATION OF SPORTS POOL AT A RACETRACK OR ONLINE SPORTS POOL BY RACETRACK › Section 13:74D-3.3 - Delegation of Authority to Executive Director

Current through Register Vol. 56, No. 14, July 15, 2024
The Racing Commission delegates to the Executive Director,
				  the authority to consult with the Division in accordance with the requirements
				  of the Act or the Division's rules promulgated pursuant to the
				  Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 1 - GENERAL PROVISIONS › Section 13:75-1.1 - Scope of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall constitute the practice to be followed in
				  all proceedings before the Victims of Crime Compensation Office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 1 - GENERAL PROVISIONS › Section 13:75-1.2 - Liberal construction of provisions

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed by the Office to
				  permit it to discharge its statutory function and secure equitable
				  determinations in all matters before the Office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 1 - GENERAL PROVISIONS › Section 13:75-1.3 - Practice where rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
The Office may rescind, amend, or expand these rules from
				  time to time, provided the same is effected in accordance with the provisions
				  of the New Jersey Administrative Procedure Act and
				  52:4B-1 et seq. In any manner not
				  expressly governed by this chapter or by statute, the Office shall exercise its
				  discretion as permitted by
				  13:75-1.2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 1 - GENERAL PROVISIONS › Section 13:75-1.5 - Attorney representation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Claimants
				have the right to be represented at all stages of the application process and
				at any review or appeal by the Review Board, by an attorney-at-law duly
				licensed to practice in the State of New Jersey, or qualified to make such
				appearance pursuant to the Rules Governing the Courts of New Jersey.
(b) Every attorney providing representation
				to a claimant seeking compensation shall file a notice of appearance with the
				Office.
(c) If any claimant
				designates an attorney to represent him or her in connection with his or her
				dealings with the Office, and the attorney has executed and filed the
				appropriate notice, the notice shall remain in effect until:
1. The claimant files a written revocation of
				the attorney's authorization;
2.
				The attorney files a written statement of his or her withdrawal from the
				case;
3. The attorney states on the
				record at a Review Board hearing that he or she is withdrawing from the case;
				or
4. The Office receives notice of
				the attorney's death or disqualification.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 1 - GENERAL PROVISIONS › Section 13:75-1.6 - Requests for inspection or copies of records maintained by the Office

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office
				shall designate a custodian of all government records under the control of the
				agency in accordance with
				47:1A-1 et seq. It shall be the
				responsibility of the custodian to see that all government records and
				statistical information related to claims is readily available for inspection,
				copying, or examination by citizens of this State.
(b) The files maintained by the Office that
				relate directly to the handling of any claim for compensation filed by a victim
				or claimant are not government records subject to disclosure under the Open
				Public Records Act and shall be considered confidential. Victim and claimant
				files and records shall not be open to inspection by any person unless
				authorized by law or court order.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 1 - GENERAL PROVISIONS › Section 13:75-1.7 - Availability of forms and rules

Current through Register Vol. 56, No. 14, July 15, 2024
The Office shall prepare and furnish, free of cost, and
				  shall have available on request, such forms and rules as the Office determines
				  necessary to fulfill its statutory function. Such forms shall include, but not
				  be limited to, claim applications, catastrophic applications, medical report
				  and earnings record authorizations, counseling services request, and
				  subrogation agreements.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 1 - GENERAL PROVISIONS › Section 13:75-1.8 - Validity of rules if any portion declared invalid

Current through Register Vol. 56, No. 14, July 15, 2024
If any portion of these rules, or the application thereof,
				  shall be adjudged or declared to be invalid, or inoperative, or if by statutory
				  amendment any rules shall lose its force and effect, such judgment or amendment
				  shall not affect, impair, or void the remainder of these rules.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 1 - GENERAL PROVISIONS › Section 13:75-1.9 - Procedure to request Office action to promulgate, amend, or repeal rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons
				requesting action to promulgate, amend, or repeal any rule in this chapter
				shall comply with
				52:14B-4(f)  and
				any implementing rules as adopted by the Office of Administrative
				Law.
(b) Persons making a request
				under (a) above may obtain forms for petitioning this Office's rules from the
				Office.
(c) When considering the
				petition, the Office shall comply with timelines and procedures contained in
				52:14B-4(f).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 1 - GENERAL PROVISIONS › Section 13:75-1.10 - Time of decision

Current through Register Vol. 56, No. 14, July 15, 2024
Any decision on a claim application shall be governed by the
				  administrative rules and standards in effect at the time an application is
				  filed, so that all decisions relating to the application are subject to the
				  rules in effect at the time of application, except where otherwise specifically
				  provided in State or Federal law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 2 - ELIGIBILITY › Section 13:75-2.1 - Eligibility of claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office may
				order the payment of compensation for personal injury or death resulting from
				an attempt to prevent the commission of a crime or to arrest a suspected
				criminal or in aiding or attempting to aid a police officer in doing
				so.
(b) The Office may order the
				payment of compensation for personal injury or death resulting from the
				commission or attempt to commit any of the following offenses:
1. Aggravated assault;
2. Threats to do bodily harm;
3. Lewd, indecent, or obscene acts;
4. Indecent acts with children;
5. Kidnapping;
6. Murder;
7. Manslaughter;
8. Aggravated sexual assault;
9. Sexual assault;
10. Aggravated criminal sexual
				contact;
11. Criminal sexual
				contact;
12. Any other crime
				involving violence, including, but not limited to, robbery or arson;
13. Domestic violence, pursuant to
				N.J.S.A.
				2C:25-19;
14. Burglary;
15. Tampering with a cosmetic, drug, or food
				product;
16. Human trafficking
				pursuant to
				N.J.S.A.
				2C:13-8;
17. Bias intimidation in accordance with
				N.J.S.A.
				2C:16-1;
18. Criminal stalking pursuant to
				N.J.S.A.
				2C:12-10;
19. Vehicular homicide;
20. Assault by auto;
21. Simple assault pursuant to
				N.J.S.A.
				2C:12-1;
22. Disorderly conduct pursuant to
				N.J.S.A.
				2C:33-2; or
23. Eligibility of claims involving a motor
				vehicle, vessel, airplane, or commercial vehicle in which one or more of the
				following situations occurred:
i. The victim
				was injured in the commission of a violation of
				N.J.S.A.
				39:4-50(Driving while Intoxicated);
ii. The victim was injured in the commission
				of a violation of
				N.J.S.A.
				39:3-10.13(Operating a Commercial Vehicle
				while Intoxicated);
iii. The victim
				was injured in the commission of a violation of
				N.J.S.A.
				12:7-46(Penalties for Operating Vessel Under
				the Influence);
iv. Theft of an
				automobile pursuant to
				N.J.S.A.
				2C:20-2.1;
v. Eluding a law enforcement officer pursuant
				to N.J.S.A. 2C:29-2b; vi. Unlawful taking of a motor vehicle pursuant to
				N.J.S.A. 2C:20-10b, c, or d, where injuries to the victim occur in the course
				of operating an automobile in furtherance of the offense; or vii. A motor
				vehicle, vessel, airplane, or commercial vehicle is used as a weapon,
				including, but not limited to, as a vehicle to carry explosives with intent to
				detonate the same to inflict a deliberate injury, the Office shall consider
				such use as a compensable "crime involving violence" as set forth in
				N.J.S.A.
				52:4B-11(b)(10).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 2 - ELIGIBILITY › Section 13:75-2.2 - Impact of intoxication on eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				compensation shall be awarded to any passenger in a motor vehicle, vessel, or
				commercial vehicle who knew or reasonably should have known that the driver was
				operating the vehicle or vessel while intoxicated or under the influence of
				alcohol or drugs.
1. "Under the influence" as
				used in this section means the substantial deterioration or diminution of
				mental faculties or physical capabilities of a person whether due to
				intoxicating liquor, narcotics, hallucinogenic, or habit-producing drugs,
				and/or other substance that leads to the substantial deterioration or
				diminution of mental faculties or physical capabilities of a person.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 2 - ELIGIBILITY › Section 13:75-2.3 - Secondary victim eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Secondary
				victims need not be present during the actual commission of the
				crime.
(b) In assessing the
				eligibility of secondary victims, the Office will be guided by
				52:4B-10 and 18,
				13:75-2.1, and any other factors
				deemed relevant based on the particular circumstances of the application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 2 - ELIGIBILITY › Section 13:75-2.4 - Eligibility of claimants for personal injury resulting from the crime of burglary

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				the provisions of N.J.S.A. 52:4B-11b(11), the Office shall make an award to
				eligible victims of the crime of burglary when an actor, without license or
				privilege, enters a structure not open to the public with the purpose of
				committing another offense, other than trespass or entry, or remains in a
				structure knowing that there is no license or privilege to do so.
(b) "Structure" as used in this section,
				shall mean any residence, building, room, or any place adapted for overnight
				accommodation of a person. For purpose of this section, a motor vehicle is not
				to be considered a "structure."
(c)
				In order to be eligible to receive compensation as a victim of the crime of
				burglary, the victim must have:
1. Been a
				resident, owner, or invited guest of the structure burglarized;
2. Been present in the structure at the time
				of the burglary and either witnessed the burglary itself or subsequently
				observed the results thereof; and
3. Suffered physical and/or emotional
				distress directly related to the burglary.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 2 - ELIGIBILITY › Section 13:75-2.5 - Investigation of claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				claimants must fully cooperate with investigators, agents, and/or
				representatives of the Office in order to be eligible for any award.
(b) All claimants shall advise the Office of
				any and all changes of address and residence to permit the Office to properly
				process the claim petition. In the event that such cooperation is refused or
				denied, the Office may, in its discretion, deny such claim.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 2 - ELIGIBILITY › Section 13:75-2.6 - Determinations, presumptions, and burdens of proof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				filing an application for compensation has the burden of proof as to
				eligibility of the claim filed and as to all of its elements and items of
				compensation. This burden of proof is met by presenting credible evidence to
				support the application.
(b) In
				determining whether a victim's conduct was the proximate cause of the victim's
				injury or death, the Office may give substantial weight to conclusions of
				investigative law enforcement agencies and dispositions of criminal proceedings
				including, but not limited to, guilty pleas and jury verdicts, but, considered
				along with all other relevant evidence, the ultimate determination made on any
				application is within the discretion of the Office. Relevant evidence shall not
				include rumor, supposition, speculation, hearsay, or opinion, except as
				otherwise deemed admissible under the rules of evidence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 3 - FILING CLAIMS › Section 13:75-3.1 - Filing of claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All claim applications must be filed
				within five years after the date of the incident upon which the claim is based
				or, if after that date, upon a determination by the Office that good cause
				exists for the delayed filing. Good cause includes, but is not limited to,
				instances where the victim or the victim's dependents were not appropriately
				informed of the benefits offered by the Office as required by law.
1. Good cause for a delay in filing may be
				found where:
i. The victim or claimant
				provides sufficient reasons, based on the totality of the circumstances, to
				demonstrate that his or her crime-induced incapacity prevented the timely
				filing of a claim;
ii. The late
				filing of the application does not prejudice the ability of the Office to
				verify a victim/claimant's eligibility; and
iii. In instances where the victim, or the
				victim's dependents, were not properly informed of the benefits offered by the
				Office, as required by law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office may order the payment of
				compensation for expenses actually and reasonably incurred as a result of the
				personal injury or death of the victim.
1.
				Reimbursable expenses include those unreimbursed and unreimbursable
				out-of-pocket expenses or indebtedness for medical care or other necessary
				services, loss of earnings, loss of support, pecuniary loss to the dependents
				of deceased victims, and other reasonable pecuniary loss resulting from the
				personal injury or death of the victim.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.2 - Manner of payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Payments shall, at the discretion of the
				Office, be made in either a lump-sum amount or in periodic payments.
(b) Where periodic payments are authorized,
				the Office shall verify the dependency, financial status, and/or disability
				status of the claimant or victim at least every three months. Upon discovering
				a change in circumstances, by marriage, financial status, dependency,
				disability status, or otherwise, the Office shall adjust the award and
				payments, if warranted.
(c) The
				Office will make its determination regarding the application within 90 days of
				acknowledgment by the Office of receipt of the completed application and any
				and all necessary supplemental information, provided that this period may be
				extended for good cause if an administrative closure would otherwise result.
				After eligibility has been determined, the Office shall reimburse supplemental
				claims for verifiably related expenses submitted within 30 days.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.3 - Compensation available to secondary victims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except
				as provided in
				N.J.A.C.
				13:75-2.4, secondary victims need not be
				present during the actual commission of a crime.
(b) A secondary victim cannot be eligible if
				the direct victim is not eligible.
(c) Any loss for which the Office may
				reimburse a secondary victim or group of secondary victims shall not exceed a
				maximum of $ 7,000.
(d) If, as a
				direct result of the homicide, the surviving spouse or cohabitant of the
				decedent was required to leave their position of employment or secure a
				position with a lesser salary, loss of earnings may be awarded to the surviving
				spouse or cohabitant.
1. Loss of earnings may
				be paid to members of the victim's family for funeral attendance and/or
				bereavement period of no more than two weeks.
2. Loss of earnings may be awarded to the
				secondary victim where the loss is solely related to the care of the direct
				victim during the direct victim's period of disability.
3. The maximum reimbursement for loss of
				earnings shall not exceed a total of 104 weeks or $ 7,000, whichever is met
				first.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.4 - Medical and counseling fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				permitted by
				45:14B-6, the Office shall only
				pay for those medical, mental health, counseling, or other services provided by
				a licensed practitioner. The Office will pay out-of-pocket unreimbursable
				counseling and therapy expenses for each of the listed categories of providers
				not to exceed the following amounts.
1. Psychiatrist
$ 150.00 per hourly
						  session
2. Unlicensed mental health practitioner
practicing in compliance with N.J.S.A.
45:14B-6 (Psy.D., Ph.D.,
						  Ed.D.)
$ 110.00 per hourly session
3. State-licensed psychologist
$ 110.00 per
						  hourly session
4. A.C.S.W.
$ 90.00 per hourly session
5. Licensed marriage and
family therapist
$ 90.00 per hourly
						  session
6. M.S.W.
$ 80.00 per hourly session
7. M.A. (jurisdictions other than New
Jersey
or in New Jersey practicing in compliance
with
						  N.J.S.A.
						  45:14B-6 )
$ 80.00 per hourly
						  session
8. Group counseling sessions, involving
three or more individuals conducted by
any of the credentialed providers in
(a)1-7 above
$ 50.00 per eligible
claimant per session
(b)
				Except for cases determined to be catastrophic in nature, the maximum award for
				unreimbursed and unreimbursable counseling expenses shall be $ 20,000,
				notwithstanding the number of counseling sessions attended.
(c) A medical, mental health, counseling, or
				other provider who accepts payment from the Office shall accept the Office's
				rate as the maximum allowable payment for that service and shall not seek or
				accept further payment from any other source if the total of payments accepted
				would exceed the maximum rate set by the Office for that service.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.5 - Loss of earnings from victim; loss of support from decedent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Office may order the payment of compensation for a victim or claimant's loss of
				earning power as a result of the total or partial incapacity of the victim.
				Said loss includes work loss or loss of income the injured person would have
				performed if he or she had not been injured, and expenses reasonably incurred
				by him or her in obtaining services in lieu of those he or she would have
				performed for income.
1. In computing the
				earnings loss, the Office may consider any income received from substitute work
				actually performed by the victim or claimant, or any income that would have
				been earned through available appropriate substitute work he or she was capable
				of performing but unreasonably failed to undertake, and reduce the award
				accordingly.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.6 - Loss of support from offender

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office may
				award compensation for loss of support to any victim or claimant who can
				establish by a preponderance of the evidence that, at the time of the incident,
				a dependency existed upon the income or other economic contributions of the
				offender that is no longer available to or accessible by the victim.
1. In computing the loss of support of the
				victim or claimant/dependent, the Office may only consider the
				assailant/offender's earnings and/or the amount of money or economic
				contributions the offender was actually contributing to the victim and victim's
				household at the time of the injury of the victim.
2. Where the dependents have received or are
				receiving a greater sum of money from other sources by reason of the incident
				giving rise to the claim for compensation than the sum contributed to their
				support by the assailant/offender at the time of incident, no compensation for
				loss of support shall be awarded to the dependents.
3. The Office reserves the right to review
				its determination should the victim's dependency, marital, or earning status be
				altered, and to modify its award accordingly.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.7 - Relocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office may award compensation for
				expenses incurred as a result of the relocation of a victim and his or her
				family, due to the incident forming the basis of the victim's claim where the
				Office determines there is a need to protect the health and safety of the
				victim and/or his or her family and that all other statutory requirements for
				eligibility are met. For purposes of this subsection, the term "victim" shall
				include a witness, that is, a person who witnessed the commission of any of the
				offenses listed under section 11 of
				P.L.
				1971, c. 317 (
52:4B-11
) and who has been
				threatened as a result.
(b) In
				determining the need, the Office may take into consideration:
1. The nature of the crime;
2. The amount of danger the offender or
				others who may be associated with the offender pose to the victim and/or his or
				her family;
3. The degree of injury
				the victim sustained;
4. The
				criminal case history of the offender and the offender's record while
				incarcerated;
5. Prior acts of the
				offender;
6. The efforts the victim
				and/or his or her family have undertaken in order to protect themselves from
				further harm;
7. The offender's
				sentence and period of incarceration, whether for the crime forming the basis
				of the claim filed with the Office or through a plea bargain on related or
				unrelated charges;
8. The
				emotional, psychological, and physical impact on the victim and/or his or her
				family which may result through a failure to relocate; and
9. Any other relevant factors.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.8 - Transportation costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Maximum
				reimbursement for transportation expenses incurred as a direct result of the
				incident giving rise to the claim shall not exceed $ 10.00 a day, calculated at
				the rate of .31 cents per mile up to the daily maximum allowance.
1. Covered transportation expenses include,
				but are not be limited to, visits to treating physicians, health care
				facilities, and substitute travel costs other than ambulance or ambulatory
				mobile care services secondary to securing medically related services incurred
				due to a criminally induced physical incapacity for which an eligible claim has
				been filed with the Office. All non-medically related transportation costs are
				excluded other than attendance at any court proceeding related to the
				crime.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.9 - Funeral expenses

Current through Register Vol. 56, No. 14, July 15, 2024
In claims involving the death of a victim, the maximum
				  reimbursement for funeral expenses shall be $ 7,500.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.10 - Attorney fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office may, as part of any order for
				payment, determine and allow reasonable attorney fees and costs, which shall
				not exceed 15 percent of the amount awarded as compensation, to an attorney
				representing an applicant in seeking compensation from the Office.
1. The attorney fee award for representation
				of an applicant in seeking compensation from the Office shall be paid in
				addition to the compensation to the claimant and shall not be included in
				calculating the maximum benefit available to a claimant.
2. Any attorney fee award made pursuant to
				(b) below shall not be included in calculating the attorney fee payable under
				this section.
3. An attorney fee
				award for representing a claimant or victim in an appeal or his or her
				application for compensation from the Office shall not be less than $ 500.00,
				unless the Office determines that the attorney has not acted diligently or in
				good faith representing the claimant or victim.
4. If the Office enters an order denying
				compensation, it may nevertheless allow an award of attorney's fees of $
				500.00, if the Office determines that the attorney acted diligently and in good
				faith in representing the claimant or victim.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.11 - Domestic help, child care, day care, and home health care services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				reimbursement for expenses arising out of providing child care and/or day care
				for a minor child or for an adult who may or may not be the victims of the
				crime alleged in the claimant's application, but who, nevertheless, is in need
				of such services and/or assistance as a direct result of the crime giving rise
				to the application, shall be set by the Office.
1. The Office shall make a case-by-case
				determination as to a reasonable period of time for the provision of child care
				and/or day care services. Such determinations shall be based on a totality of
				the circumstances.
2. Except for
				cases determined to be catastrophic in nature, reimbursement for child care
				and/or day care services shall not exceed $ 6,500 in the aggregate.
3. Day care expenses for dependent children
				shall be reimbursed solely for those children who are 14 years old or
				less.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.12 - Crime scene clean-up

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office
				shall award compensation for the reasonable and necessary costs for cleaning a
				crime scene where criminally injurious conduct occurred, which costs have
				become the financial responsibility of the victim or claimant, and which are
				not reimbursed or reimbursable from any other source. For purposes of this
				section only a "claimant" includes a Good Samaritan who assists a victim during
				the immediate aftermath of the crime.
(b) Cleaning a crime scene means to remove,
				or attempt to remove, blood, dirt, stains, or debris from the crime scene by
				hauling and/or dumping, as a result of the crime or the processing of the crime
				scene. The reasonable out-of-pocket costs of cleaning supplies, equipment
				rental, and labor to clean the crime scene are also included.
(c) Compensation for crime scene clean-up
				shall be awarded for the victim's or claimant's personal residence and/or
				personal vehicle, leased or otherwise, where the criminal conduct and its
				resulting damage occurred. Places of employment or public access are excluded
				unless the victim or claimant has become financially responsible for the
				clean-up costs.
(d) Compensation
				awarded for crime scene clean-up costs shall not include replacement and/or
				repair expenses for personal property, other than as follows:
1. The Office may award compensation for the
				reasonable replacement value of bedding and clothing;
2. The Office may award compensation for the
				reasonable replacement value of furniture that has been rendered damaged or
				useless as result of the crime or the collection of evidence for purposes of
				investigating the crime; and
3. The
				Office may award compensation for the reasonable replacement value of
				carpeting, doors, windows, and locks.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 4 - COMPENSATION BENEFITS › Section 13:75-4.13 - Service animals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a
				criminal act has caused injury or death to a service animal trained and
				certified for the specific purpose of assisting an individual who is disabled
				or who requires the service of such an animal to perform day-to-day routine
				functions, the injured animal's crime-related medical treatment and replacement
				cost are compensable up to a maximum of $ 5,000.
(b) Funeral expenses for a service animal
				shall not be compensated by the Office.
(c) Counseling to the service animal's owner
				shall be limited to a maximum of 15 sessions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 5 - EMERGENCY AWARDS › Section 13:75-5.1 - Financial hardship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office may grant an emergency award
				where such grants could help prevent financial hardship or stress that might
				not otherwise arise, forcing persons, among other things, to go on public
				assistance or be evicted from their homes because of inability to make rent or
				other payments while at the same time paying medical expenses, or where a
				person cannot maintain a reasonable level of health, safety, and education for
				him- or herself or his or her dependents.
1.
				In the case of death claims, emergency payments may be made on behalf of the
				claimant directly to the provider of funeral services where undue hardship as
				determined by the Office can be shown and eligibility of the claim
				proven.