Ala. Admin. Code r. 262-X-4-.05

Current through Register Vol. 42, No. 10, July 31, 2024

Section 262-X-4-.05 - Emergency Awards

The Commission may make or authorize the executive director to make in advance an emergency award of compensation to the applicant prior to taking action on an application or pending a final decision when it appears that the claim is one for which compensation is probable and undue hardship will result to the applicant if immediate payment is not made. The Commission may consider undue hardship to exist in the following circumstances:

(a) The applicant is without income at the time of application or immediately prior thereto resulting in loss of food, heat or shelter;

(b) The applicant is in fear or danger for his/her life due to his/her victimization; or

(c) The applicant cannot receive emergency services without emergency payment;

(d) Crime scene clean up shall be considered an emergency service. The maximum award for crime scene clean up shall not exceed one thousand dollars ($1,000).

(e) Prescription drugs that have been prescribed as a result of victimization shall be considered an emergency product. A copy of the prescription and the pharmacy's statement of the cost of the drug must be received by the Commission in order for the prescription expense to be considered for emergency payment. Prescriptions for pre-existing medical conditions shall not be considered for reimbursement.

(f) Moving expenses may be considered an emergency service for applicants. Moving expenses may be considered as an emergency expense for applicants who have moved and applicants who have not yet moved. Proof of moving expenses must be received by the Commission for the moving expense to be considered for emergency payment.

The applicant may request in the initial application that consideration be given for an emergency award and provide justification for such award. A decision denying an emergency award shall not be appealable. The amount of such emergency award shall not exceed one thousand dollars. An emergency award shall be deducted from the final compensation made to the applicant. If the final award is less than the amount of the emergency award, the applicant must repay the excess award to the Commission. All emergency awards are subject to the Code of Ala. 1975.

Ala. Admin. Code r. 262-X-4-.05

Filed October 27, 1987. Amended: November 25, 1992. Amended: Filed August 18, 1997; effective September 22, 1997. Amended: Filed February 6, 2001; effective March 13, 2001. Repealed and New Rule: Filed March 9, 2004; effective April 13, 2004. Amended: Filed June 6, 2008; effective July 11, 2008.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 03, December 29, 2017, eff. 1/25/2018.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. 11/14/2020.

Author: Dr. Cassie T. Jones

Statutory Authority:Code of Ala. 1975, §§ 15-23-5(14).