North Carolina Administrative Code › Title 14B - Public Safety › Chapter 09 - DIVISION OF VICTIMS SERVICES › Section .0300 - CRIME VICTIMS COMPENSATION COMMISSION › Section 09 .0302 - PROCESSING AND PAYMENT OF CLAIMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				application for a claim shall be accepted only when submitted on an approved
				claim application form and a determination is made by the Director that the
				application is complete with the required information in accordance with
				G.S.
				15B-7.
(b) Claims will be processed in the order in
				which the completed applications are received, deliverable by United States
				mail. In any consideration of competing claims, with respect to priority order
				of processing, the filed date stamped on the claim shall be
				controlling.
(c) Every claim filed
				is subject to investigation to determine eligibility in accordance with
				G.S.
				15B-8 by the Director. Failure of the
				claimant to cooperate in the investigation may result in a denial of the claim
				or a reduction in the amount awarded.
(d) The Director or the Commission may reopen
				the investigation of any claim upon a finding that the claimant has provided
				additional information.
(e) The
				Director shall mail a written statement of the award decision to the claimant
				along with the check for the award, if any, within 15 days of the Director's or
				the Commission's decision or verification of current collateral source
				information, whichever occurs last. This written statement shall notify the
				claimant: whether this check is a partial or complete payment of the award; of
				any payments made directly to a service provider; and of appeal
				rights.
(f) Claims shall be
				docketed for determination of payment in an order determined by the
				Director.
(g) All payments of
				compensation shall be made in strict accordance with the award issued by the
				Director or the Commission.
(h) A
				claimant who fails to cooperate with or supply requested information including
				medical expenses, current contact information, details regarding circumstances
				of crime to the Director or who supplies inaccurate or incomplete information
				may have the claim denied or the award reduced, in the discretion of the
				Director or the Commission.
(i) The
				claimant shall inform the Director at any time before any action brought to
				recover damages for the criminally injurious conduct that is the basis of any
				claim or award and the availability of any collateral source. The failure to
				provide such information may be considered as fraud, allowing the Director or
				the Commission to reduce or deny an award or to recover monies previously
				paid.
(j) All notifications and
				payments or other documents transmitted by mailing will be sent to the address
				submitted by the claimant. The claimant shall notify the Director in writing of
				any change of address.
Authority
				  G.S.
				  15B-3;
				  15B-6;
Temporary Rule
				  Eff. November 24, 1987 For a Period of 171 Days to Expire on May 13,
				  1988;
Eff. April 1, 1988;
Transferred from
				  14A NCAC
				  11 .0501 Eff. June 1, 2013;
Readopted Eff. September 1, 2020.