Missouri Code of State Regulations
Title 11 - DEPARTMENT OF PUBLIC SAFETY
Division 30 - Office of the Director
Chapter 18 - Crime Victims' Compensation
Section 11 CSR 30-18.020 - Rules Governing Crime Victims' Compensation Appeals
Universal Citation: 11 MO Code of State Regs 30-18.020
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule sets forth requirements for pursuing appeals of determinations of crime victim compensation under Chapter 595, RSMo.
(1) Procedure for Initiating Appeal.
(A) If the claimant
disagrees with the decision of the Crime Victims' Compensation Program
(program), the claimant may appeal for an administrative review before the
Director of the Department of Public Safety (director) by submitting a request
in writing to the Program.
(B) The
deadline to request an administrative review is thirty (30) days after the date
of the letter containing the decision of the program. Any request for
administrative review submitted after this date shall be denied as untimely.
Administrative reviews denied for this reason may be reinstated for good cause
shown by the claimant.
(C) A
request for administrative review shall identify the specific reasons why the
director should reverse the decision of the program. Requests that do not
comply with this requirement shall be denied.
(2) Review by Director.
(A) The director shall review each request
for administrative review and determine whether the decision should be affirmed
or reversed on the basis of the evidence previously submitted in the case or
may take additional evidence in reviewing the decision.
(B) If the director takes additional evidence
in reviewing the decision, the director may specifically request such evidence
be provided and resolve the administrative review on the basis of that
evidence, or the director may set the case for a hearing where additional
evidence may be submitted.
(C) The
decision of the director is the final decision of the department for purposes
of appeal under section 595.036.2, RSMo.
(3) Procedure for Hearings.
(A) Administrative reviews before the
director are simple, informal, and summary.
(B) The program may receive as evidence any
statements, documents, information, or material that it finds is relevant and
of a nature to afford the claimant a fair hearing. The program may also accept
law enforcement reports, hospital records and reports, physicians' reports, and
other documentation as proof of the crime and injuries sustained, without
requiring the presence of the investigating officer or attending physician at
the administrative review.
(C) If
the claimant fails to appear at the scheduled review before the director, the
administrative review shall be dismissed. Administrative reviews dismissed for
this reason may be reinstated for good cause shown by the claimant.
(D) Notice of the administrative review sent
to a claimant's attorney at the attorney's last known address is deemed notice
to the party.
(E) Administrative
reviews may be heard in person, by phone, video conference, or any other manner
approved by the director.
(4) Director's Designee: Pursuant to section 595.010, RSMo, the director may designate a person to carry out any of the director's duties in this rule.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.