Rhode Island Code of Regulations
Title 120 - Treasury Department
Chapter 00 - N/A
Subchapter 00 - N/A
Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program
Section 120-RICR-00-00-2.10 - Appeals

Current through September 18, 2024

A. Request for Reconsideration:

1. Within fifteen (15) days of the date of receipt of the notice of an award or denial, the Applicant may submit a request for reconsideration of the Administrator's decision. The request for reconsideration must be in writing, accompanied by any further documentation supporting the application and the request for reconsideration.

2. In addition, the Administrator, in his or her own discretion, may reconsider a decision awarding or denying compensation where there has been no request for reconsideration. The Administrator shall then issue an amended notice of award or denial.

3. Within thirty (30) days of the receipt of the request for reconsideration and the supporting documentation, the Treasurer or the Treasurer's designee shall reconsider any award or denial and, based on the additional supporting documentation submitted by the Applicant, shall either affirm the award or denial, or issue an amended award or denial or remand the matter to the Administrator for further review. The Applicant shall be notified of the decision upon reconsideration by certified mail, return receipt requested, and by first class mail. The decision of reconsideration shall be accompanied by information informing the Applicant of the right to judicial review of the decision upon reconsideration.

4. Any request for reconsideration that involves a medical expense, mental health counseling or psychiatric care expense, or funeral and burial expense not previously submitted with the original application shall be treated as a reopening of the application for compensation. The Administrator shall investigate the request for reopening and issue a supplemental award, if appropriate.

5. If no request for reconsideration is filed within the time period specified in R.I. Gen. Laws § 12-25-18(f), the decision of the Administrator shall be final.

B. Appeals:

1. Within thirty (30) days of the Treasurer's or Treasurer's designee's decision upon reconsideration, the Applicant may petition the Superior Court for judicial review pursuant to the Administrative Procedures Act, R.I. Gen. Laws § 42-35-15 and pursuant to R.I. Gen. Laws § 12-25-18(h).

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