Current through Register Vol. 49, No. 2, February 2024
Rule No. 1
TITLE AND OPERATIVE DATE OF THE ACT
The title of the Act under which these rules and regulations 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
BOARD - Means the Arkansas Crime Victims
Reparations Board, hereinafter referred to as the Board.
CLAIMANT - Means any of the following
persons applying for reparations under this act;
a. a victim.
b. a 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.
VICTIM - Means a person who suffers
bodily injury or death as a result of criminally injurious conduct occurring
within the State of Arkansas.
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.
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. Such
term shall not include acts arising out of the operation of motor vehicles,
boats or aircraft unless the acts were committed with the intent to inflict
injury or death or unless the acts committed were in violation of the Omnibus
DWI Act, specifically Act 549 of 1983, as amended. A person shall be deemed to
have committed criminally injurious conduct not withstanding that by reason of
age, insanity, drunkenness, or other reason he was legally incapable of
committing a crime.
ECONOMIC LOSS - Means monetary detriment
consisting only of allowable expense, work loss, replacement services loss and,
if injury causes death, economic loss and replacement services loss of a
dependent, but shall not include non-economic loss.
ECONOMIC LOSS OF A DEPENDENT - Means
loss after death of the victim of contributions of things of economic value to
the dependent, not including services which would have been received from the
victim if he or she had not suffered the fatal injury, less expenses of the
dependent avoided by reason of death of the victim.
ALLOWABLE EXPENSE - Means charges
incurred for needed products, services and accommodations, including, but not
limited to, medical care, rehabilitation, rehabilitative occupational training
and other remedial treatment and care. It also includes a total charge not in
excess of Two Thousand Five Hundred Dollars ($2,500) 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 and Regulations.
WORK LOSS - Means loss of income from
work the victim would have performed in their regular course of employment if
such person had not been injured or died, reduced by any income from substitute
work actually performed by the victim or by income the victim 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.
REPLACEMENT SERVICES LOSS - Expenses
reasonably incurred in obtaining ordinary and necessary services in lieu of
those the victim would have performed, not for income, but for the benefit of
self or family, if the victim had not been injured or died-
REPLACEMENT SERVICES LOSS OF A DEPENDENT
- Means the loss reasonably incurred by dependents after death of the victim in
obtaining ordinary and necessary services in lieu of those the deceased victim
would have performed for their benefit had the deceased victim not suffered the
fatal injury, less expenses of the dependent avoided by reason of death of the
victim and not subtracted in calculating the economic loss of the
dependent,
NON-ECONOMIC DETRIMENT - Means pain,
suffering, inconvenience, physical impairment and non-pecuniary damage.
COLLATERAL SOURCE - Means a source of
benefits or advantages for economic loss for which the claimant would otherwise
be eligible to receive compensation under this Act 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, a state or any of its political subdivisions or an
instrumentality of two or more states, unless the law providing for the
benefits or advantages makes them in excess of or secondary to benefits under
this Act,
(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.
Rule No. 3
TYPES OF COMPENSATION AVAILABLE
Compensation is available for economic loss sustained by a victim
or dependent arising from criminally injurious conduct of another including
those which occurred as a result of violation of the Omnibus DWI Act, Act 549
of 1983. Economic loss would include: allowable expenses, work loss and
replacement services loss and, if injury causes death, economic loss and
replacement services of a dependent. Future economic loss is also compensable
but may be reduced or discontinued if recipient's circumstances change.
(Examples of allowable expenses may include but are not limited to the
following: rehabilitation, rehabilitative occupational training, medical,
psychiatric, and dental expenses, etc.)
Rule No. 4
MEMBERSHIP AND OFFICERS OF THE BOARD
The Board shall consist of five (5) members appointed by the
Governor to serve four (4) year terms and until the successor is appointed and
qualified. At least three (3) members of the Board shall be persons admitted to
practice law in this state. Of the first members appointed, two (2) shall be
appointed for a term of two (2) years, two (2) shall be appointed for a term of
three (3) years, and one shall be appointed for a term of four (4) years.
Vacancies shall be filled in the same manner.
Rule No. 5
PURPOSE OF THE BOARD
The purpose of the Board shall be to hear and decide all matters
relating to Crime Victims Reparations applications. The Board shall have the
authority to award compensation to victims of crime for economic loss arising
from criminally injurious conduct if satisfied by a preponderance of the
evidence that the requirements for compensation have been met.
Rule No. 6
POWERS AND DUTIES OF THE BOARD
The Board shall have the power:
1. To hear and determine all matters relating
to applications filed with the Arkansas Crime Victims Reparations Board for
compensation, including the power to reinvestigate or reopen claims without
regard to the statutes of limitations.
2. The Board, or the Administrator, on behalf
of the Board, may subpoena witnesses, compel their attendance, enter orders,
require the production of records and other evidence, administer oaths or
affirmations, conduct hearings and receive relevant evidence. The Board shall
be considered in continuous session for the purposes stated above.
3. To regulate its own procedures except as
otherwise provided in the Act.
4.
To adopt rules and regulations to implement the provisions of the
Act.
5. To define any term not
defined in the Act.
6. To prescribe
forms necessary to carry out the purposes of the Act.
7. To request access to any reports of
investigations or other data necessary to assist the Board in making a
determination of eligibility for compensation.
8. To publicize the availability of
compensation and information regarding the filing of claims
therefore,
9. To order the claimant
to submit to a mental or physical examination or order the autopsy of a
deceased victim if the results would be material to a claim.
10. To require the claimant to supply any
additional medical or psychological reports available relating to the injury or
death for which compensation is claimed.
11. To deny, withdraw or reduce an award of
compensation upon finding that the claimant did not fully cooperate with the
appropriate law enforcement agencies,
12. To reconsider a decision granting or
denying a compensation award, based on its own motion or on request of the
claimant.
13. To suspend the
application for compensation proceedings pending disposition of a criminal
prosecution that has been commenced or is imminent, but the Board may make a
tentative award.
14. To join in a
civil action as a part plaintiff to recover the compensation awarded if the
claimant brings such action.
15.
The Board shall be provided such office, supplies, staff and secretarial
services as necessary by the Office of the Attorney General.
16. All necessary and reasonable expenses of
the Board shall be paid for from the Crime Victims Reparations Revolving
Fund.
17. The Board shall have the
duty of preparing and transmitting an annual report to the Governor.
Rule No. 7
MEETINGS OF THE BOARD
1.
The Board shall meet on the third Thursday of each month for ten months each
year, or at the call of the Chairperson, at 9:30 a.m.
2. The Chairperson shall serve as presiding
officer at all official meetings of the Board. In the absence of the
Chairperson, the remaining Board members present at the meeting may designate a
president officer for that meeting.
3. The chairperson shall have the authority
to vote on all matters coming before the Board.
4. A quorum shall consist of three (3)
members.
5. In the event of a tie
vote the matter or matters shall be continued to the next meeting.
6. The order of business at any meeting of
the Board shall follow the agenda prepared in advance of the meeting. Such
other matters may be brought before the Board as shall be requested by any
member in writing and presented to the Chairperson.
7. Proxies to vote shall not be permitted at
the Board meetings.
8.
Administrative staff shall be responsible for preparation of minutes for each
Board meeting.
9. Roberts Rules of
Order, Revised, shall govern all meetings of this Board.
Rule No. 8
ELIGIBILITY CRITERIA FOR COMPENSATION
1. The criminally injurious conduct leading
to the filing of the reparations claim must have occurred in Arkansas.
2. The incident must have occurred
on or after July 1, 1988.
3. The
incident must have been reported to law enforcement officials within 72 hours
or would have been reported within the period of time except for good
cause.
4. The application for
compensation must be filed within one (1) year of the incident, unless the
Board finds good cause for failure to file a timely claim.
5. The victim must have suffered personal
injury or death as a result of the criminal action of another.
6. The claimant and/or victim must to the
extent able, have cooperated with law enforcement officials during their
investigation.
7. The net amount of
compensation requested in the application must not have been paid by another
source.
8. The claimant and/or
victim was not the offender or an accomplice of the offender.
9. The injury or death must not have been the
result of negligent maintenance or use of a motor vehicle unless the acts are
committed with the intent to inflict injury or death or unless the acts
committed were in violation of the Omnibus DWI Act, Act 549 of 1983.
10. Compensation may be diminished to the
extent or the degree of responsibility for the cause of the injury or death
attributable to the victim, as determined by the Board.
2. Compensation for funeral expenses of
deceased victims may not exceed $2,500.
a.
Collateral sources of income such as burial policies, workers' compensation,
etc. will be applied towards the total cost of the victim's funeral.
b. Life insurance may not be used as a
collateral source when dependents of the deceased victim remain and may benefit
from the proceeds of this policy.
c. Life insurance will be utilized as a
collateral source and be applied against funeral expenses in those cases
involving no surviving dependents.
3. Compensation for work loss, replacement
services loss, dependents economic loss and dependent's replacement services
loss may not exceed Two Hundred Dollars ($200.00) per week.
4. The Board may provide for the payment to a
claimant in a lump sum or in installments.
5. The Board shall pay all or part of an
award directly to service providers unless evidence of prior payment for
services is submitted with the claim.
6. The Board may also provide for payment of
legal fees, not to exceed two-hundred fifty dollars ($250.00) - plus filing
fees, of a guardianship when an award has been made to a minor child as per
Rule 18 of the Arkansas Crime Victims
Reparations Board Rules and Regulations. Legal services expense shall not be
deducted from the otherwise compensable amount.
7. Upon request of the claimant, the Board
may convert future economic loss, other than allowable expense, to a lump sum,
but only upon a finding by the Board of either of the following:
a. That the award in a lump sum will promote
the interests of the claimant;
b.
That the present value of all future economic loss does not exceed One Thousand
Dollars ($1,000.00).
8.
An award payable in installments for future economic loss may be made only for
a period that the Board can reasonably determine future economic loss and may
be modified by the Board upon finding that a significant change in
circumstances has occurred.
9.
Approved claims will be paid in the order of their approval by the Board as
funds become available.
Rule No.
11
GARNISHMENT AND ASSIGNMENT OF AWARD
1. An award shall not be subject to
execution, attachment, garnishment or other process, except that an award for
allowable expense shall not be exempt from a claim of a creditor to the extent
such creditor has provided products, services or accomodations, the costs of
which are included in the award.
2.
An assignment by the claimant to any future award is unenforceable, except:
a. For work loss to assure payment of
court-ordered alimony, maintenance or child support; or
b. For allowable expense to the extent that
the benefits are for the cost of products, services or accommodations
necessitated by the injury or death.
Rule No. 12
APPLICATION REVIEW PROCEDURE
1. A victim, dependent of a victim, or person
legally acting in behalf of the victim, must first secure a copy of the
official Victims Reparations Application Form from their local prosecuting
attorney's office, sheriff's office, or from the Board. In the event assistance
is needed by the applicant in completing the form such assistance will be
provided by the Victim-Witness Coordinator, by the prosecuting attorney's staff
in districts that have no Victim-Witness Coordinator, or by the staff of the
Board in Little Rock.
2. A form
must be completed, appropriate documentation attached, signed and received by
the Board within one (1) year of the incident unless the Board finds good cause
for failure to file a timely claim.
3. The staff of the board shall log the
application as being received and begin a thorough review and verification
process.
4. The Board and staff
have the authority to conduct investigations and/or request any additional
information from the victim, the investigating law enforcement agency, medical
personnel and/or facilities, witnesses, employers and others as may be deemed
necessary for the proper review and verification of the application.
5. The staff shall make a thorough analysis
of the application and attachments, then prepare staff comments relative to the
application which shall be filed in the application folder and be provided to
the Board as supportive data along with the agenda when the application is to
be considered by the Board.
6. Once
the application has been cleared (staff review and comments completed), the
application will be placed on the next appropriate Board agenda for
consideration. An application must be cleared at least fifteen (15) calendar
days prior to a Board meeting for consideration at that meeting. Those
applications not cleared at least fifteen (15) calendar days prior to a regular
meeting shall be considered at the Board meeting the following month, unless it
is determined during staff review the applicant will suffer undue financial
hardship during this period. In this event, an advance award may be considered.
The advance award will be deducted from the final amount or shall be repaid by
and recoverable from the applicant to the extent it exceeds the final
award.
7. All agendas and
supporting documentation necessary shall be mailed to the Board ten (10)
calendar days in advance of the Board meeting.
8. Notification of Board meetings shall be
made in compliance with the Open Meeting Law. Copies of the meeting agendas
giving date, location and time of meetings shall be posted in conspicuous
places on the premises of the building wherein the Board meetings will be
held.
9. Applicants whose
compensation applications are to be considered by the Board will be mailed
notification of the meeting fourteen (14) calendar days in advance and will
have the opportunity to appear and be heard and to offer evidence and argument
on any issue relevant to the claim. Claimants may also examine witnesses and
offer evidence in reply to any matter of an evidentiary nature in the record
relevant to the claim.
10. The
Board shall consider the applications for compensation on the agenda and render
their decision. The applicants shall be mailed notification of the Board
decision within fifteen (15) calendar days of the Board meeting wherein the
application was considered.
Rule No.
13
ADVANCE (EMERGENCY) AWARD OF COMPENSATION
The Board may make or authorize the Administrator to make an
advance (emergency) award of compensation to the applicant prior to taking
action on an application and pending a final decision when it appears the claim
is one for which compensation is probable and undue hardship will result to the
applicant if immediate payment is not made. The applicant may request in the
application that consideration be given for an advance award and provide
justification for such award. A decision denying emergency relief shall not be
appealable.
The amount of such advance (emergency) award shall not exceed
Five Hundred dollars ($500.00). Any advance award shall be deducted from the
final compensation made to the applicant. If the final award amount is less
than the amount of the advance award, the applicant must repay the excess to
the Board.
Rule No. 14
APPEALS PROCEDURE
1. In
the event an application for compensation is approved in a modified form or
denied, the Administrator of the Board shall notify the claimant by certified
mail, return receipt requested, within fifteen (15) calendar days of the
Board's action, setting forth the basis of the Board's decision.
2. The claimant shall have the right to
appeal and may do so by notifying the Administrator of the Board, in writing,
by certified mail, return receipt requested, of the intent to appeal within
thirty(30) calendar days of the date of the notification letter setting forth
the Board's decision.
3. The
claimant shall then be entitled to a formal hearing before the Board. The
hearing shall be held within sixty (60) calendar days of the date of the notice
from the claimant stating intent to appeal.
4. In an appeals hearing, all parties shall
be afforded an opportunity to appear and be heard. A record of the procedings
shall be made and shall be transcribed upon request of any party, who shall pay
transcription costs unless otherwise ordered by the Board.
5. The Board may, without a hearing, settle a
claim by stipulation, agreed settlement, consent order or default.
6. The Board shall render its decision
relative to the appeal within ten (10) calendar days of the formal hearing and
the applicant will be notified by mail.
Rule No. 15
SUBROGATION RIGHTS OF THE BOARD
Upon an award of compensation by the Board for personal injury or
death, the Board shall be subrogated to the cause of action of the applicant
against any third person responsible for such injury or death, and shall be
entitled to bring action against such person for the amount of damages
sustained by the applicant. If the amount recovered and collected in the action
is greater than the amount awarded by the Board to the applicant, the Board
shall pay the balance to the applicant.
Rule No. 16
PENALTY FOR FALSE CLAIMS
The filing of a false claim for compensation pursuant to the
Arkansas crime Victims Reparations Act shall constitute a Class D
Felony.
Rule No. 17
BOARD STAFF
The Administrator of the Board shall be the Chief Executive
Officer of the Board staff. He/she shall be hired by the Attorney General with
the advice and consent of the Board. He/she shall be responsible for the
administration of the rules, regulations, policies and procedures promulagated
by the Board, pursuant to the Administrative Procedure Act, and within such
restraints as mandated by statute.
The Administrator shall also be responsible for employment,
supervision, evaluation and termination of Board employees and shall delegate
appropriate powers and duties to them, subject to the advice and/or consent of
the Attorney General and the Board.
Rule
No. 18
CLAIMS OF INCOMPETENTS OR MINOR CHILDREN
Proof of the establishment of the guardianship may be required by
the Board prior to release of funds to the claimant. A certified copy of the
Order of Guardianship shall be sufficient proof.
Rule No. 19
AMENDMENT TO RULES AND REGULATIONS
Any modification or amendment to the Rules and Regulations of the
Board shall be made pursuant to the procedure as outlined in the Arkansas
Administrative Procedure Act.
Rule No.
20
ADMINISTRATIVE REVIEW AND APPROVAL OF CLAIMS
1. Rule
12 Items 1-4, of the Arkansas
Crime Victims Reparations Board Rules and Regulations shall apply to all claims
including those covered by this Emergency Rule.
2. This Rule applies only to claims for
compensation of $2500 or less or to those claims which the administrative staff
has reason to believe will be denied for one or any of the following reasons:
a. The claim is not filed with the board
within one year after the injury or death upon which the claim is based, unless
"good cause" for not having done so can be established,
b. The victim or claimant was an offender or
an accomplice of the offender.
c.
The award would unjustly benefit the offender or accomplice except as permitted
by Rule 9 of the Arkansas Crime Victims
Reparations Rules and Regulations.
d. To a victim who is injured or killed while
confined in a state, county, or municipal jail, prison, or other correctional
facility as a result of conviction of any crime;
e. To a victim or claimant who has been
convicted of a felony involving criminally injurious conduct;
f. If the crime which resulted in criminally
injurious conduct or death was not reported to a law enforcement officer within
seventy-two hours after its occurrence.
g. The claim does not fulfill criteria
established for compensation in Rule No. 8 of the Arkansas Crime Victims
Reparations Rules and Regulations of the Board.
3. When considering such claims, the staff
shall make a thorough analysis of the application and attachments. They shall
prepair comments relative to the application which shall be filed in the
application folder.
4. The
Administrator of the Board shall then make a decision regarding the claim. The
applicant shall be mailed notification of the administrative decision within
seven (7) calendar days by certified mail, return receipt requested.
5. The claimant shall have the right to
appeal administrative decisions of the Board in the manner set forth in Rule
No. 14, APPEALS PROCEDURE Items 2 and 3.
6. In an appeals hearing, all parties shall
be afforded an opportunity to appear and be heard.
7. Rule #14, Item 5, as pertains to records
of all proceedings shall not apply to administrative decisions for which no
transcript is available.
Rule No.
21
ELIGIBILITY REQUIREMENTS AND APPLICATION REVIEW PROCEDURE FOR
MEDICAL/LEGAL SEXUAL ASSAULT EVIDENCE COLLECTION EXAMINATIONS
1. The adult victim of a sexual assault must
receive medical treatment within forty-eight (48) hours of the assault. Minors
are not required to seek treatment within this time limit.
2. Law enforcement must be notified of the
assault prior to or at the Same time as the examination is conducted.
3. All reimbursement for medical legal
examinations will be made to the hospital which provides such service to the
victim.
4. Since reimbursement is
made to hospitals directly, hospitals are responsible for fulfillment of the
following procedures:
A copy of the Sexual Assault Reimbursement Form must be completed
with copies of itemized bills attached. If the medical facility does not have a
reimbursement form available, a letter from the medical facility may be used if
it contains the following information:
a. Name, address and phone number of medical
facility ^
b. Contact person at the
medical facility
c. Victim's name
and address
d. Date and time of the
assault
e. Date and time treatment
was sought
f. The name of
investigating law enforcement agency
g. Copy of the itemized bills (attached to
letter)
5. The medical
facility must send the reimbursement form (or letter), with the attached
itemized bills to the Arkansas Crime Victims Reparations Board.
6. In cases occurring in Pulaski County or in
any county that has a Victim/Witness Coordinator, the medical facility will
attach itemized bills to the claim form which will be mailed to the
Victim/Witness Coordinator who will determine the Law Enforcement Case # and
forward the entire claim to the Arkansas Crime Victims Reparations
Board.
7. The staff of the Arkansas
Crime Victims Reparations Board will log in the request for reimbursement and
verify the report to a law enforcement agency.
8. The Administrator of the Arkansas Crime
Victims Reparations Board will then approve the reimbursement for reasonable
costs related to the collection of evidence and immediate emergency treatment
not to exceed $700.
9. All victims
of sexual assaults with costs exceeding $700 will be mailed a standard Arkansas
Crime Victims Reparations Board application for compensation. They will be
required to submit this application for excess costs to the board for
verification and processing as specified in Rules
1 through
17 of the Arkansas Crime Victims
Reparations Board Rules and Regulations as adopted September 21,
1990.
Rule No. 22
COST CEILING ON MEDICAL BILLS
In connection with claims for payment of medical bills, not
covered by insurance, made by victims, the Board will award up to 75% of
medical bills, not to exceed a total reimbursement of $10,000.
The provider of medical services to whom the award is made will
be notified that by accepting the payment of 75% of their bill, they are
agreeing not to commence civil actions against the victim or his legal
representative to recover the balance due under the bill.
Acceptance of payment for services paid by the Arkansas Crime
Victims Reparations Board shall be considered payment in full and bars any
legal action for collection.
Rule No.
23
COST CEILING ON MENTAL HEALTH BILLS (EMERGENCY)
1. In connection with claims for payment of
mental health services, not covered by insurance, incurred by victims, the
Board will pay a maximum of twenty-five hundred dollars ($2500) or provide
services for six (6) months, whichever occurs first, provided that a treatment
plan is submitted within thirty (30) days of beginning therapy to determine the
necessity of treatment and its relationship to the crime perpetrated upon the
victim.
2. A mandatory review by
the Board is required after ninety (90) days or twenty-five hundred dollars
($2500), whichever occurs first.
a. Should the
provider recommend that the victim receive additional treatment at this time,
the provider will be required to submit a new treatment plan.
b. The Board may waive the maximum upon a
justification of special need based upon documentation to be submitted by the
provider.
c. The Board also
reserves the right to have any mental health claims and treatment plans
reviewed by an independent peer review committee should it so desire.
Rule No. 24
CONFLICT OF INTEREST
No member of the Board shall use such appointment for purposes
which are motivated by private gain, including gain for providers, claimants,
or victims with which the board member is associated with in any capacity.
There shall exist a conflict of interest when a provider, claimant, or victim
with whom the board member is associated with appears before the board in the
course of business of the board.
When such a conflict arises for a member, the individual member
should declare the conflict. Additionally, any member of the Board who
questions whether or not another member has a conflict of interest in the
matter under discussion may ask for a determination by the Board. If the Board
finds that a conflict exists, the affected member shall also follow the
aforementioned procedure.
Any member of the Board who declares a conflict of interest, or
who is found to have a conflict, should neither participate in debate nor vote
on the issue in question.
