Mass. Gen. Laws ch. 258C § 5

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session

Section 258C:5 - Claim for compensation; form; investigation

(a)

(1) A claim for compensation under this chapter shall be filed within three years of the date of the crime.

(2) The claimant has the burden of proving by a preponderance of the evidence that he is eligible to receive compensation.

(3) A claim under this chapter shall be made on a claim form prescribed by the division. The claim shall be accompanied by copies of bills and other documentation supporting the claim, and shall be signed under the pains and penalties of perjury. Any claim for loss of support or other expenses incurred as the result of the death of a victim must be accompanied by proof of dependency of the claimant upon the victim. All claims must contain a release of information necessary to investigate the claim.

Law enforcement agencies, district attorneys, the department of children and families and the department of transitional assistance, hospitals, physicians and other service providers shall cooperate with the department in the investigation of claims filed under this chapter.

(b) Upon receipt of a claim hereunder, the division shall acknowledge receipt of same, in writing, to the claimant or counsel of record. The division shall, thereafter, conduct an investigation of the claim to verify the information contained on the application.

The division shall be authorized to issue a written civil investigative demand, issue interrogatories, under oath, and requests for production of documents, and take oral testimony, under oath, in order to obtain information necessary to verify a claim. All information collected by the division shall be kept in accordance with the provisions of chapters four, sixty-six and sixty-six A.

A civil investigative demand may be served by certified mail, return receipt requested, and first class mail and shall be returned within twenty days from the date of service. Failure to comply with this provision may result in dismissal of the claim for compensation.

Whenever a person fails to comply with a civil investigative demand served upon him pursuant to this section, the attorney general may petition the district court of any county in which such person resides, is found, or transacts business, to enter such orders as may be necessary to carry into effect the provisions of this section. A failure to comply with an order entered under this section shall be punished as a contempt of court.

Mass. Gen. Laws ch. 258C, § 5

Amended by Acts 2008, c. 176,§ 127, eff. 7/8/2008.