14B NCAC 09 .0302          PROCESSING AND PAYMENT OF CLAIMS

(a)  An application for a claim shall only be submitted on an approved claim application form located on the Crime Victim Compensation website, https://www.ncdps.gov/4victims, and shall include information set forth in G.S. 15B-7. An application for a claim shall be submitted on an approved claim application through the Crime Victim Compensation application portal, or by fax, or by email. The portal will be accessed through the NCDPS Victim Compensation Services website where there will be access to the portal using a weblink or a QR code. The public will gain access using electronic devices such as smart phones, computers, tablets and i-Pads. The Director shall determine if the application is complete with the required information in accordance with G.S. 15B-7. An application for a claim shall be accepted only if all the preceding conditions are met. The date stamped on the claim shall control the order of processing any competing claims.

(b)  The Director shall mail a written statement of the award decision to the claimant, along with the check for the award, if any, within 15 business days of the Director's or the Commission's decision according to G.S. 15B-10 or verification of current collateral source information, whichever occurs last according to G.S. 15B-16. This written statement shall notify the claimant whether this check is a partial or complete payment of the award, of any payments made directly to a service provider, and of appeal rights.

(c)  Claims shall be docketed on a list to be reviewed by the Commission or the Director for determination of payment in accordance with G.S. 15B-8 and 15B-10.

(d)  All payments of compensation shall be made in accordance with the award issued by the Director or the Commission according to G.S. 15B-2(1), 15B-10, and 15B-11.

(e)  The claimant shall inform the Director at any time before any action brought to recover damages for the criminally injurious conduct that is the basis of any claim or award and the availability of any collateral source. Each claim filed is investigated to determine eligibility in accordance with G.S. 15B-7(b). The failure to provide such information may be considered as fraud in accordance with G.S. 15B-7(b), allowing the Director or the Commission to reduce or deny an award or to recover monies previously paid.

(f)  All notifications and payments or other documents transmitted by U.S. Mail will be sent to the address submitted by the claimant. The claimant shall notify the Director in writing of any change of address.

History Note:        Authority G.S. 15B-2; 15B-3; 15B-4; 15B-6; 15B-7; 15B-8; 15B-10; 15B-11; 15B-16;

Temporary Rule Eff. November 24, 1987 For a Period of 171 Days to Expire on May 13, 1988;

Eff. April 1, 1988;

Transferred from 14A NCAC 11 .0501 Eff. June 1, 2013;

Readopted Eff. September 1, 2020;

Amended Eff. March 1, 2025.