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-00-00-2.11 - Obligations of the Applicant

Universal Citation: 120 RI Code of Rules 00 00 2.11

Current through December 26, 2024

A. Applicant's Obligations: An Applicant shall have the following obligations with respect to an application for compensation:

1. The application must be made on an application form provided by the office;

2. The application must be signed by the Applicant under the pains and penalties of perjury;

3. The application must be accompanied by copies of bills and other supporting documentation necessary to verify the application; and

4. The application must contain a release of information necessary to investigate the application.

B. Continuing Obligations: An Applicant shall have a continuing obligation to:

1. provide the office with current information relating to the application;

2. cooperate with the office in the investigation of the application including responding promptly to all requests for further information and verifications, and responding promptly to all requests to exhaust other sources of reimbursement;

3. notify the office of any change in address;

4. provide information to the office about any civil action anticipated or filed in connection with the crime;

5. exhaust all other sources of payment or reimbursement for compensable expenses, and promptly notify the office of any order for payment or eligibility for payment received or to be received by the victim or by any of his or her dependents and relatives from any other source, including, but not limited to:
a. life insurance, health insurance, disability insurance or any other private or public insurance program for personal injury or death, including lost wages;

b. workers' compensation, social security benefits, veterans benefits, retirement benefits or other private or public benefit program from the United States, the state of Rhode Island or any state or any of its subdivisions;

c. Medicaid, Medicare, community free service, charity care, free care or uncompensated care, or any other form of public assistance to the aged and disabled or any successor;

d. restitution in the criminal action received from the offender or from any person on behalf of the offender;

e. proceeds from a civil suit; or

f. institutional gifts, charitable gifts, contributions, or donations.

6. In the event that an award has been issued and payment has been made by the office, the Applicant and/or victim shall promptly reimburse the violent crimes indemnity fund, to the extent of compensation actually paid, for payments received from any other source that exceed the total compensable injuries suffered by the victim as determined by the Administrator.

7. In the event that an award has been issued but payment has not been made by the office, the office shall be entitled to withhold payment to the Applicant and/or victim when said Applicant and/or victim has received payments from or settled any matter with any other source as mentioned herein that exceeds the total compensable injuries suffered by the victim as determined by the Administrator.

C. Burden of Proof: The Applicant has the burden of demonstrating his/her eligibility for compensation, and his/her compensable expenses, by a preponderance of the evidence. The Applicant must provide written documentation to establish the facts supporting his/her application for compensation. Such documentation shall include, where appropriate, all expenses, lost wage verifications, W-2 forms, tax returns, death and birth certificates, and the incident report from the appropriate law enforcement authorities.

D. Failure to Comply: An Applicant's failure to comply with any obligation set forth in § 2.11 of this Part may result in denial of the application for compensation.

E. Fraudulent Application: Any person who submits a false or fraudulent application; intentionally makes or causes to be made any false statement or representation of a material fact in relation to any application pending before the office; or intentionally conceals or fails to disclose information affecting the amount or the initial or continued right to any such award shall be punished by a fine or not more than one thousand dollars ($1,000.00) or imprisonment for not more than six (6) months, or both.

Disclaimer: These regulations may not be the most recent version. Rhode Island 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.
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