Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD
Chapter 12.01.01 - General Regulations
Section 12.01.01.04 - Claims

Universal Citation: MD Code Reg 12.01.01.04

Current through Register Vol. 51, No. 19, September 20, 2024

A. Filing a Claim.

(1) If the claimant chooses to be represented by an attorney, the claimant's attorney shall follow procedures under Regulation .10 of this chapter.

(2) The claimant shall file a claim:
(a) In person or by regular mail;

(b) On a form or in a format approved by the Board; and

(c) Providing signed authorization for a subrogation agreement with the Criminal Injuries Compensation Board.

(3) A claim may be filed by:
(a) A person eligible to receive an award under Criminal Procedure Article, § 11-808, Annotated Code of Maryland;

(b) If the eligible person under §A(3)(a) of this regulation is younger than 18 years old, the eligible person's parent or guardian; or

(c) If the eligible person under §A(3)(a) of this regulation is mentally incompetent or physically unable to file the claim, the eligible person's guardian or other individual authorized to administer the eligible person's affairs.

(4) Except as stated in §A(4)(b) of this regulation, a claimant shall file a claim:
(a) Within 3 years of the date of the crime upon which the claim is based; or

(b) In the case of child abuse:
(i) Up to the date that the child who was the subject of the abuse is 25 years old; or

(ii) At any time after the occurrence of the child abuse, if, after considering the claim, the Board determines that good cause existed justifying not filing a claim before the child who was subject to the abuse is 25 years old.

B. Investigating and Processing a Claim.

(1) Upon receipt of a claim application, the Board shall assign an examiner to verify the eligibility of the claim by reviewing:
(a) The victim's or claimant's statement:

(b) Reports made to a law enforcement agency or other appropriate authority;

(c) (text unchanged)

(d) Medical reports, if warranted by the examination;

(e) Medical bills;

(f) Funeral expenses;

(g) Employment verification;

(h) (text unchanged)

(i) Documentation regarding receipt of benefits from other sources.

(2) If the claimant does not cooperate in an examination under §B(1) of this regulation or provide information requested by the Board, the Board may deny the claim.

(3) At the request of a claimant the Board may re-open a claim previously denied under §B(2) of this regulation based on good cause.

(4) If an issue of fact still exists after an examination is complete, the examiner shall:
(a) Prepare a written memorandum summarizing the information obtained during the examination; and

(b) Forward the memorandum to the designated supervisor.

(5) A supervisor receiving a memorandum under §B(4)(b) of this regulation shall:
(a) Ensure that the information in the memorandum is adequate for the Board to make a decision;

(b) Ensure that the information in the memorandum is correct;

(c) Forward the claim and memorandum to the Board for a decision; and

(d) If requested by the claimant, forward a copy of the memorandum to the claimant.

(6) Upon receipt of a claim under §B(5)(c) of this regulation, the Board shall:
(a) Coordinate subsequent processing activity;

(b) Make recommendations on further examination;

(c) Upon concurrence on a recommendation by a minimum of three members of the Board, prepare a written report that:
(i) Delineates the decision;

(ii) Summarizes the rationale used to reach the decision;

(iii) Indicates that a response to a decision shall be received by the Board within 15 days of receipt of the report by the claimant, or the claimant's attorney; and

(iv) Provides information required under State Government Article, §§ 10-207 and 10-208, Annotated Code of Maryland, concerning a lack of response, challenges to the decision, or additional information requested; and

(d) Send a copy of the report to the claimant at the address contained in the claim application.

(7) If the decision is challenged by the claimant the Board shall conduct a hearing.

(8) If a hearing is requested, the Board shall arrange for the hearing.

(9) After the Board has made a decision, the Board shall forward the decision to the Secretary, or a designee, who shall:
(a) Do one of the following:
(i) Affirm the Board's decision;

(ii) Order modification to the Board's decision; or

(iii) Reverse the Board's decision; and

(b) Advise the Board of the final disposition.

(10) Upon receipt of the Secretary's decision under §B(9) of this regulation, the Board shall advise the claimant, in writing:
(a) Of the final decision;

(b) Of the right to judicial review of the final decision under §B(10)(a) of this regulation to the circuit court, under State Government Article, §§ 10-222 and 10-223, Annotated Code of Maryland;

(c) That a request for judicial review under §B(10) (b) of this regulation shall be initiated within 30 days of the final decision; and

(d) How to request judicial review under §B(10)(b) of this regulation, providing:
(i) Instructions; and

(ii) The appropriate form.

(11) The Secretary's or a designee's decision under §B(9) of this regulation is final as prescribed under Criminal Procedure Article, § 11-814, Annotated Code of Maryland.

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