Alabama Administrative Code
Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION
Chapter 262-X-4 - ELIGIBILITY CRITERIA FOR COMPENSATION
Section 262-X-4-.10 - Reconsideration Of Claims Filed On Behalf Of Minor Victims, Incompetent Victims, Or Deceased Victims
Universal Citation: AL Admin Code R 262-X-4-.10
Current through Register Vol. 42, No. 5, February 29, 2024
(1) Authority
(a)
Code of Ala.
1975, §
15-23-12(d)
(1995), which provides:
1. The commission, on
its own motion or on request of the claimant, may reconsider a decision
granting or denying an award or determining its amount. An order on
reconsideration of an award shall not require a refund of amounts previously
paid, unless the award was obtained by fraud. The right of reconsideration does
not affect the finality of a commission decision for the purpose of judicial
review.
(2) Compensation cannot be paid to a claimant who is ineligible for compensation benefits. When an ineligible claimant files for compensation benefits on behalf of a minor victim, incompetent victim, or deceased victim, the claim must be not approved.
(3) The Commission may reconsider a decision denying or reducing a compensation award for a minor victim, incompetent victim, or deceased victim due to the ineligibility of the claimant, in the event of either of the following:
(a) The minor victim reaches the age of
majority, or can otherwise legally act on his/her own behalf;
(b) A person (other than the ineligible
claimant) who is legally authorized to act on behalf of a minor victim,
incompetent victim, or deceased victim files for compensation benefits on
behalf of the victim.
Author: Dr. Cassie T. Jones
Statutory Authority: Code of Ala. 1975, § 15-23-5(14) (1995)
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