CHAPTER 09 DIVISION OF VICTIM SERVICES

 

SECTION .0100 - ASSISTANCE PROGRAM FOR VICTIMS OF RAPE AND SEX OFFENSES

 

14B NCAC 09 .0101 PURPOSE AND INTENT

The purpose and intent of the program is to provide a method of financially assisting victims of rapes and sex offenses occurring in this State.

 

History Note: Authority G.S. 143B-480.1;

Eff. December 1, 1984;

Transferred from 14A NCAC 11 .0301 Eff. June 1, 2013.

14b NCAC 09 .0102 ELIGIBILITY FOR FINANCIAL ASSISTANCE

(a) Only victims of the following crimes are eligible for assistance under this program:

(1) first degree rape as defined in G.S. 14-27.2;

(2) second degree rape as defined in G.S. 14-27.3;

(3) first degree sexual offense as defined in G.S. 14-27.4;

(4) second degree sexual offense as defined in G.S. 14-27.5;

(5) attempted first degree or second degree rape or attempted first degree sexual offense as defined in G.S. 14-27.6.

(b) Victims are eligible for financial assistance under this program provided that they have reported the rape, sexual offense, attempted rape or attempted sexual offense to the proper law enforcement officials within 72 hours of the occurrence of the incident.

(c) Failure to report the occurrence of a rape, sexual offense, or attempted rape or sexual offense to a law enforcement official within the specified 72 hour time limitation will result in the victim's loss of eligibility for financial assistance through this program unless the circumstances surrounding the incident hinder or prohibit the timely reporting and the victim has good cause for the failure to report within the specified period of time. The Director, Victim and Justice Services Division, Department of Crime Control and Public Safety or his designee will make the determination as to good cause for waiving the 72 hour time limitations.

 

History Note: Authority G.S. 143B-480.2(a), (c);

Eff. December 1, 1984;

Transferred from 14A NCAC 11 .0302 Eff. June 1, 2013.

 

14B NCAC 09 .0103 ALLOWABLE COSTS AND BENEFITS

(a) Immediate costs. Payment for medical and hospital costs incurred within 72 hours of the incident and associated with the immediate diagnosis and medical treatment of a victim of rape or sexual offense, or an attempted rape or sexual offense will be authorized by the Director, Division of Victim and Justice Services, subject to the limitations of Rule .0304.

(b) Charges permitted include, but are not restricted to, the following:

(1) hospital and emergency room;

(2) professional services;

(3) laboratory fees such as:

(A) pelvic tray,

(B) physical evidence collection in a manner and with materials approved by the State Bureau of Investigation,

(C) venereal disease test,

(D) pregnancy test,

(E) sperm smear,

(F) blood alcohol test;

(4) hospital or professional services or both in connection with the immediate treatment of associated injuries;

(5) medications and drugs.

(c) Short-term costs. Payment for medical and hospital costs incurred within 90 days of the incident associated with the short-term medical treatment of a victim of a rape or sexual offense, or an attempted rape or sexual offense, will be authorized by the Director, Division of Victim and Justice Services, subject to the limitations of Rule .0304. Charges permitted include, but are not restricted to, the following:

(1) hospital room accommodation, including bed, board and general nursing care;

(2) professional services;

(3) laboratory fees such as:

(A) venereal disease tests,

(B) pregnancy test;

(4) medications and drugs;

(5) mental health services ordered by a licensed physician, subject to the prevailing state rates per visit for such services;

(6) ambulance services.

(d) The Director, Division of Victim and Justice Services, may utilize program funds to purchase approved evidence collection kits.

 

History Note: Authority G.S. 143B-480.2(a);

Eff. December 1, 1984;

Transferred from 14A NCAC 11 .0303 Eff. June 1, 2013.

 

14B NCAC 09 .0104 LIMITATIONS OF COVERAGE

(a) Financial assistance is limited to five hundred dollars ($500.00) for each reported incident or attack. Multiple offense incidents or attacks will be regarded as a single incident or attack for the purposes of the awarding of financial assistance.

(b) Assistance payable on behalf of a victim shall be reduced or denied to the extent the allowable expenses are or can be recouped through a public or private insurance plan or other victim benefit sources.

(c) No assistance will be paid in the event the claims made exceed the amount appropriated for this purpose in any fiscal year.

 

History Note: Authority G.S. 143B-480.2(a); 143B-480.3(a);

Eff. December 1, 1984;

Transferred from 14A NCAC 11 .0304 Eff. June 1, 2013.

 

14B NCAC 09 .0105 METHOD OF PAYMENT

(a) Payment for expenses allowable through this program will be paid only to the attending hospital, ambulance service, attending physicians, or mental health professionals providing counseling, directly upon presentation of an itemized statement for services rendered, within six months, to the Division of Victim and Justice Services. The request for payment should be mailed to the following address:

Victim Assistance Program

Division of Victim and Justice Services

P. O. Box 27687, 512 N. Salisbury Street (Archdale Building)

Raleigh, North Carolina 27611

Requests for payment will be processed and paid upon determination of availability of funds and upon official written verification of the report of the rape or sexual assault or attempted rape or sexual assault by the appropriate law enforcement agency.

(b) All payments made through this program are subject to audit. Adequate financial records and supporting documentation regarding claims must be retained and available for audit purposes for three years or until an approved audit is completed.

 

History Note: Authority G.S. 143B-480.1;

Eff. December 1, 1984;

Transferred from 14A NCAC 11 .0305 Eff. June 1, 2013.

 

14b NCAC 09 .0106 APPEAL

Any applicant aggrieved by an adverse decision related to Section .0100 of this Chapter may appeal for a hearing in accordance with Rule .0105 of this Chapter.

 

History Note: Authority G.S. 143-479; 143B-477;

Eff. December 1, 1984;

Transferred from 14A NCAC 11 .0306 Eff. June 1, 2013.

 

SECTION .0200 ‑ COMMUNITY PENALTIES PROGRAM

 

14B NCAC 09 .0201 PURPOSE AND INTENT

The purpose and intent of the program is to provide financial assistance to community penalties programs for persons convicted of nonviolent misdemeanors or nonviolent class H, I, or J felonies who are facing an imminent and substantial threat of imprisonment.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0401 Eff. June 1, 2013.

 

14B NCAC 09 .0202 ELIGIBILITY FOR FINANCIAL ASSISTANCE

Only applicants meeting the following criteria will be eligible to receive financial assistance:

(1) The program must be administered and governed by the board of directors of a non-profit corporation and the board members must be representatives of the district's criminal justice system and the community-at-large. The board shall consist of not less than 12 members, and shall include, if possible, judges, district attorneys, attorneys, social workers, law enforcement representatives, probation representatives, and other community leaders.

(2) The program will accept only persons convicted of nonviolent misdemeanors or nonviolent class H, I, or J felons who are facing an imminent and substantial threat of imprisonment. The board has the option to exclude certain nonviolent H, I, J offenders from eligibility.

(3) The application must reflect the board's specific criteria for accepting offenders into the program and the criteria must be developed in accordance with the guidelines in this document. The board will require reports from the program staff on a regular basis to insure compliance with the criteria.

(4) The application must also reflect that, should the board adopt acceptance criteria which are more stringent than those in the guidelines, the board will review and approve the acceptance of any offender to the program who was convicted of any offense other than those eligible under the board's criteria. However, acceptance to the program is still limited to the offense categories included in Rule .0401 of this Section.

(5) The application must reflect the board's willingness to accept responsibility for considering the safety of the community in deciding the acceptance of any offender into the program.

(6) The Chairman of the board of the non-profit agency shall be the authorizing official of all grant applications requesting funds under the terms of this program.

(7) The applicant agency must demonstrate that a need for this program does exist; in that:

(a) Target offenders can be identified who require less than extensive custody, but more than regular probation requirements.

(b) The number of commitments to prison can be reduced from each county served in the judicial district.

(8) When applicable, the board demonstrates compliance with rules, guidelines and policies of other programs funded by the Department to the board.

(9) The application must also reflect the following program components:

(a) goals for the number of offenders to be accepted into the program and goals for the reduction of offenders committed to prison;

(b) procedures for identifying prison-bound offenders, and a plan for referral of these targeted offenders to the program;

(c) procedures for preparing and presenting plans to the court which specifically involve probation staff in plan development;

(d) procedures for submission of the alternative punishment plan to the District Attorney's office prior to sentencing;

(e) procedures for establishing contacts or consultation with law enforcement agencies, the public defender's office, the local bar, and community service agencies;

(f) in so far as is possible, procedures for establishing victims' reaction to the proposed alternative punishment plan in cooperation with the office of the District Attorney;

(g) procedures for obtaining services from existing public or private agencies;

(h) procedures for monitoring the progress of offenders on community penalty plans; for cooperating with probation personnel; and, for delineating the roles of the probation staff and the program;

(i) procedures for returning probationers who do not comply with the terms of their plan to court for action;

(j) procedures for evaluating the program's effect on the numbers of prison commitments for the jurisdiction of the program.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. February 1, 1988;

Transferred from 14A NCAC 11 .0402 Eff. June 1, 2013.

 

14B NCAC 09 .0203 ALLOWABLE COSTS

(a) Only those costs related directly to the operation of the proposed program will be allowable under the terms of this program and only the following direct cash costs will be allowable within the specified limitations:

(1) up to 100 percent of designated program personnel salaries and fringe benefits;

(2) up to 100 percent of program related district travel and subsistence for program staff and such costs will be in accordance with existing state rates and limitations. All out-of-district travel must be approved in advance by the Secretary or his designee;

(3) up to 100 percent of all normal program related operating expenses to include general office supplies, telephone charges, postage, printing, duplication, insurances, limited office equipment, rent and professional publication;

(4) up to 100 percent of fees for professional services to offenders not to exceed local prevailing rates and with prior approval of a formal contract by the Secretary or designee (Contract forms can be obtained from the Division of Victim and Justice Services);

(5) up to 100 percent of contractual services for client plan preparation not to exceed three hundred fifty dollars ($350.00) per plan;

(6) up to 100 percent of costs related to job training and job placement for offenders in the program.

(b) All program costs will be allowable when such costs are included in a line item budget approved by the Secretary of Crime Control and Public Safety or his designee. Any deviation from an approved budget will be unallowable, unless such deviation is made in accordance with the prevailing policy for budget revisions.

(c) For good cause, the Department Secretary or his designee will have the authority to add, delete or alter any item in this Rule as long as such changes are in accordance with state law.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0403 Eff. June 1, 2013.

 

14B NCAC 09 .0204 DISALLOWABLE COSTS

(a) Due to the administrative costs involved in processing a refund from grantees, disallowed costs of one hundred dollars ($100.00) and under, may not be required to be refunded and included in the final written audit report. All questions and/or disallowed costs for any amount will be fully explained in the audit report; however, it is the Secretary's designee's responsibility to decide if the amount of one hundred dollars ($100.00) or less of state funds be included in the final report and a refund required, based on the reasons for this disallowed cost.

(b) All costs related to the development, presentation, implementation and monitoring of any plan will be disallowed if such plans were in noncompliance with the board's established criteria and approval procedures for accepting offenders into the program. The method of any repayment will be determined by the Secretary or his designee on a case-by-case basis. All necessary approvals must be documented in order to be considered allowable. To be allowable, all changes to the board's criteria and approval procedures for accepting offenders into the program must be approved by the Secretary or his designee prior to the adoption of these changes.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0404 Eff. June 1, 2013.

 

14B NCAC 09 .0205 INDIRECT COSTS

Indirect costs are not an allowable expenditure for any grant awarded with state funds.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0405 Eff. June 1, 2013.

 

14A NCAC 09 .0206 MINIMUM DOLLAR AMOUNT FOR APPLICATION ACCEPTANCE

A grant application requesting a total of less than two thousand dollars ($2,000) in funds will not be accepted by the Department of Crime Control and Public Safety unless it is a continuation funding application.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0406 Eff. June 1, 2013.

 

14B NCAC 09 .0207 GRANT APPLICATION FORM AND REQUIREMENTS

(a) Applications will only be officially received when the application form entitled "Application for State Funds," provided by the Department is used, and all portions are completely and appropriately addressed.

(b) The application form contains the following elements which must be completely addressed in accordance with application instructions:

(1) an assurance page with all appropriate signatures and requested information and certification of non-supplanting;

(2) an introduction that addresses the following items:

(A) authorization by the authorizing official, i.e., the Chairman of the Board of Directors;

(B) identification of the staff person responsible for guideline adherence;

(C) a statement ascertaining that only prison-bound offenders will be worked with, supported by documentation in the main body of the grant application;

(D) a statement ascertaining that community safety will be a significant factor in client eligibility;

(E) a description of the Board of Directors and/or the Advisory Committee supervising that community penalties program;

(F) a policy statement regarding a decision by the board to exclude certain categories of offenders otherwise legally eligible;

(G) a statement and supporting documentation relating to the organization's history of sound fiscal and administrative management;

(H) a description of the organization's attempts and results in obtaining District Attorney involvement on the Board of Directors or the Advisory Committee and a statement as to the role the District Attorney's office plays in the program;

(I) a statement regarding the role the organization's community penalties program plays in the courtroom work group in terms of advocating for reduced incarceration rather than advocating for the accused;

(J) letters of support from representatives of the criminal justice system and others in the community, including insofar as possible the district attorney, judges, probation representatives and law enforcement representatives.

(3) the problem addressed by the program, both in general and specifically for the community in which the program will operate;

(4) goals and measurable objectives;

(5) expected program results;

(6) step-by-step procedures or program activities designed to reach results;

(7) program needs and resources;

(8) evaluation process: records collection and evaluation procedures and rationale (See Rule .0213);

(9) description of the program's history and data;

(10) detailed budget descriptions including a summary, expenditures by line item and fiscal resources as well as a plan for program match and continuing community support for fiscal resources;

(11) any additional information the applicant may want to include.

(c) Any changes as required by the Department of Crime Control and Public Safety in policies, rules and procedures, in the current issue of this form, shall be considered to be in effect at the time of their approval. Such changes shall be published in the next publication of the application form.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0407 Eff. June 1, 2013.

 

14B NCAC 09 .0208 APPLICATION SUBMISSION PROCEDURES

(a) Eligible applicants must submit the original application and one copy to:

North Carolina Department of Crime

Control and Public Safety

Division of Victim and Justice Services

P.O. Box 27687

North Salisbury Street (Archdale Building)

Raleigh, North Carolina 27611-7687

(b) Complete applications must be submitted by the deadline prescribed by the Secretary or his designee. State funds will be granted only in the amount necessary to assure initiation of, or continuation of a program.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0408 Eff. June 1, 2013.

 

14B NCAC 09 .0209 COST ASSUMPTION PLANS: FUND MATCHING REQUIREMENTS

(a) Eligible applicants must provide a statement in the written application which reflects the eventual assumption of project costs if state funds are unavailable for this program.

(b) State funds will be granted only in the amount necessary to assure initiation or continuation of a program. Unless the Secretary of the Department of Crime Control and Public Safety deems necessary, the state component will not exceed the following ratios:

Ninety percent State Share of Total Costs in the 1st year; up to 85 percent but not less than 80 percent in the second year and thereafter, as determined by the secretary or his designee.

Commitments from local funding sources will be considered during grant review.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0409 Eff. June 1, 2013.

 

14B NCAC 09 .0210 GRANT PERIOD

Based on availability of funds and time of application submission, projects will be funded for a maximum of 12-month grant period with the termination date of June 30 of the current fiscal year.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0410 Eff. June 1, 2013.

 

14b NCAC 09 .0211 PROCESSING MERITORIOUS APPLICATIONS

(a) Complete applications found to be consistent with the current guidelines and eligibility requirements will be considered for approval for funding in the manner provided in this Rule.

(b) Major factors in deciding which meritorious applications to fund are:

(1) documentation of the need, and monitoring and/or evaluation reports;

(2) the cost of the program and the budget narrative;

(3) the availability of funds;

(4) the date of receipt of the application.

(c) The Secretary of the Department of Crime Control and Public Safety or his designee will have the authority to administratively approve or disapprove grant awards or grant increases subject to the following restrictions and/or limits:

(1) any application subject to such administrative approval must be completed in all parts and details with all attachments and sections completed in a satisfactory manner;

(2) any and all applications or amendments thereto which are approved administratively must be in compliance with existing policies and guidelines;

(3) all continuation applications whose monitoring and audit reports and results are in good standing and are in compliance with existing department policies and guidelines may be approved administratively by the Secretary or his designee. The Secretary or his designee may require a full grant application for continuation funds and/or may grant funds on a conditional basis giving the applicant sufficient time to fully comply with legal and departmental guidelines.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0411 Eff. June 1, 2013.

 

14b NCAC 09 .0212 SELECTION CRITERIA

(a) Final approval of grant applications by the Secretary or his designee will be based on the following criteria:

(1) adherence to the guidelines set forth by the Department of Crime Control and Public Safety;

(2) clarity of program goals, objectives and activities;

(3) the applicant's history in regard to following established guidelines and procedures for previous grants.

(b) Grant awards will be made on a year-to-year basis with consideration being given for continued funding after review of submitted program progress report and departmental monitoring and audit reports.

(c) Grant awards will be provided to programs submitting an approved application which documents the program's ability to satisfy eligibility, selection and application criteria.

(d) Grant awards will be made to those eligible agencies and programs demonstrating the ability to meet acceptable standards of financial accountability and compliance with department guidelines and policies.

(e) Grant awards will not be made to those agencies and programs which have received funding from the Department for other programs and did not comply with the state rules and guidelines governing those programs.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0412 Eff. June 1, 2013.

 

14B NCAC 09 .0213 EVALUATIONS CRITERIA

(a) Any applicant receiving grant funds must maintain the following statistics and records for evaluation of the program, some of which may be required to be submitted to the Division office monthly:

(1) Complete, adequate records on each client;

(2) Reports containing the following information:

(A) the number of offenders referred to the program and the source;

(B) the number of referrals accepted and rejected and the reasons why they were rejected;

(C) the number of partial and full community penalties plans prepared;

(D) the number of community penalties plans accepted totally, partially or rejected;

(3) One copy of summary cover sheet after sentencing;

(4) One copy of each alternative punishment plans prepared by the agency with the name of the client deleted;

(5) A three-year follow-up on all offenders terminated from the program that includes local record checks every six months;

(6) All related fiscal records;

(7) Documentation of all required approvals;

(8) Any additional information requested by the Secretary or his designee.

(b) In addition, the Secretary is not authorized to continue funding programs that can demonstrate no impact on the number of commitments from their jurisdictions. To aid the Secretary in his evaluation, programs should be prepared to:

(1) Evaluate the number of commitments during the year against the program goals. If the program has had no impact and has not met its goals, it should attempt to explain why.

(2) Outline a process evaluation in the first year to help improve program operations. If the process evaluation shows programs to be mismanaged and, therefore, having no hope to make an impact, funding will stop at that time. By the second year a detailed impact (product) evaluation may be outlined. This impact evaluation will determine future funding after the second year.

(3) The Secretary will aid in the planning and funding of program evaluation inasmuch as possible.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0413 Eff. June 1, 2013.

 

14B NCAC 09 .0214 METHOD OF PAYMENT

Requests for payment by grantees under the terms of this program will be accomplished by submitting the proper forms and in the time period specified by the Secretary or his designee.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0414 Eff. June 1, 2013.

 

14B NCAC 09 .0215 GRANT TERMINATION

(a) A grant may be terminated or fund payments suspended by the Secretary or his designee when a grantee fails to comply with the terms and conditions of:

(1) grant awards contracts;

(2) grant application forms;

(3) any state law to which compliance is required;

(4) guidelines and policies promulgated by the Secretary or his designee;

(5) monitor or audit requirements to resolve adverse findings.

(b) Upon such findings, the Secretary or his designee shall notify the Chairman of the program board grantee agency in writing and provide the grantee opportunity to correct any deficiencies found within 20 days. If said deficiencies are not corrected within this period, the Secretary or his designee may suspend or cancel the grant after furnishing written notice to the grantee.

(c) Actions set forth in this Section may be appealed in accordance with 14B NCAC 01.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0415 Eff. June 1, 2013.

 

14B NCAC 09 .0216 NON-SUPPLANTING

State funds awarded to any program will not be used to supplant existing funds for purposes other than program operation.

 

History Note: Authority G.S. 143B-500 through 143B-507;

Eff. January 1, 1988;

Transferred from 14A NCAC 11 .0416 Eff. June 1, 2013.

 

SECTION .0300 - CRIME VICTIMS COMPENSATION COMMISSION

 

14B NCAC 09 .0301 ADMINISTRATION

(a) The offices of the Crime Victims Compensation Commission are located in the Archdale Building, 512 North Salisbury Street, in Raleigh, North Carolina, 27611. The same office hours will be observed by the Crime Victims Compensation Commission as are or may be observed by other state offices in Raleigh.

(b) The Commission will remain in continuous session subject to the call of the Chairman to meet as a body for the purpose of transacting such business as may come before it.

(c) The use of any printed forms other than those approved and adopted by this commission is prohibited. Approved forms may be obtained from the Commission.

 

History Note: Authority G.S. 15B-3; 15B-6; S.L. 1987, c. 819, s. 35;

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.

 

14B NCAC 09 .0302 PROCESSING AND PAYMENT OF CLAIMS

(a) An application for a claim will be accepted only when submitted on an approved form and a determination is made by the Director that the application is complete.

(b) Claims will be processed in the order in which the completed applications are received, deliverable by United States mail. In any consideration of competing claims, with respect to priority order of processing, the filed date stamped on the claim shall be controlling.

(c) Every claim filed is subject to investigation by the Director. Failure of the claimant to cooperate in the investigation may result in a denial of the claim or a reduction in the amount awarded.

(d) The Director or the commission may reopen the investigation of any claim.

(e) The Director will determine, from information supplied in the application and verified by investigation, the amount of an award to be paid, if any, for each claim. Awards which must be made by the Commission will be docketed by the Director for consideration by the Commission. The Director shall notify the Commission of all awards made or denied.

(f) The Director shall make a recommendation for all awards that require approval by the Commission. After reaching a decision to recommend that the Commission approve an award, the Director shall require the claimant to submit current collateral source information. After receipt of such information, the Director shall notify the claimant of the recommended award amount and the date on which the claim will be considered by the Commission.

(g) All awards requiring approval by the Commission shall be docketed upon the Commission's agenda by the Director. The report of investigation and recommendation of the Director for each claim to be considered shall be provided the Commission in advance of the meeting. The Commission shall decide whether to approve an award. If the award is approved, the Commission shall determine an amount. Any award made by the Commission may be reduced, prior to payment, by the Director to the extent the award is or will be recouped from a collateral source.

(h) 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 days of the Director's or the Commission's decision or verification of current collateral source information, whichever occurs last. 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.

(i) Claims will be docketed for determination of payment in an order determined by the Director.

(j) All payments of compensation must be made in strict accordance with the award issued by the Director or the Commission.

(k) A claimant who fails to cooperate with or supply requested information to the Director or who supplies inaccurate or incomplete information may have the claim denied or the award reduced, in the discretion of the Director or the Commission.

(l) The claimant shall be required to inform the director at any time before or after the award of 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. The failure to provide such information may be considered as fraud, allowing the Director or the Commission to reduce or deny an award or to recover monies previously paid.

(m) All notifications and payments or other documents transmitted by mailing will be sent to the address submitted by the claimant. The claimant must notify the Director in writing of any change of address.

 

History Note: Authority G.S. 15B-6; 15B-7; 15B-8; 15B-10; 15B-11; S.L. 1987, c. 819, s. 35;

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 .0502 Eff. June 1, 2013.

 

14b NCAC 09 .0303 MEETINGS OF THE COMMISSION

(a) The Chairman of the commission shall preside at all meetings. In the absence of the Chairman, the vice-chairman shall preside.

(b) At the direction of the Chairman, the Director may poll the members of the Commission by telephone regarding any matter requiring the Commission's attention at such times as it is not practicable for the members to meet as a body.

(c) Public notice of a meeting of the Commission shall be provided as required by law. Any matter to be considered by the Commission shall be docketed not less than 15 days prior to the date the Commission is scheduled to meet.

(d) Any member of the Commission may be represented by proxy at any meeting of the Commission, having first notified the Chairman of such representation.

 

History Note: Authority G.S. 15B-3; 15B-6; S.L. 1987, c. 819, s. 35;

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 .0504 Eff. June 1, 2013.

 

14B NCAC 09 .0304 CONTESTED CASES

(a) A claimant who is not satisfied with a decision by the Director or the Commission may appeal that decision by writing to the Office of Administrative Hearings. A copy of the appeal should be sent to the Commission.

(b) After the Director or the Commission receives the recommended decision from the Office of Administrative Hearings, each party shall be mailed a notice providing at least 15 days to file exceptions to the recommended decision and to present written arguments to the Director or to the Commission.

(c) A written statement of the final decision of the Director shall be mailed to each party within 15 days of the time for receiving the written exceptions. A written statement of the final decision of the Commission shall be mailed by the Director within 15 days of the Commission meeting during which the contested case is considered.

 

History Note: Authority G.S. 15B-6; 15B-12; 150B, Article 3; S.L. 1987, c. 819, s. 35;

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

ARRC Objection Eff. January 21, 1988;

Eff. April 1, 1988;

Transferred from 14A NCAC 11 .0505 Eff. June 1, 2013.

 

14B NCAC 09 .0305 AWARDS

Acceptance of the amount awarded by the Director or commission, evidenced by endorsing or presenting the check for payment, shall be deemed a waiver of any further right to appeal or contest the amount or type of award. Provided, however, the Director or the Commission may award a partial payment to the claimant, the acceptance or presentment of which shall not be deemed to constitute a waiver of any further rights.

 

History Note: Authority G.S. 15B-6; 15B-10; S.L. 1987, c. 819, s. 35;

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 .0506 Eff. June 1, 2013.