N.Y. Comp. Codes R. & Regs. tit. 7 § 1700.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1700.9 - Investigation report

The object of the claims investigation shall be an impartial and thorough determination of facts. The investigator shall complete the "claim investigation report" (form 1422) and:

(a) thoroughly and impartially examine the inmate's assertions;

(b) determine whether the inmate's statements are wholly or partially supported by any other evidence;

(c) question all persons who could reasonably have information pertinent to the determination of facts including facility staff, inmate claimant, other inmates, visitors, any witnesses, and any other persons who might have any information germane to the investigation. Signed and dated statements should be taken from all individuals questioned and included in the record;

(d) determine whether the inmate secured the personal property appropriately and whether the inmate contributed to the loss in any way;

(e) determine where the property was at the time of loss and who was responsible for the property at the time, and obtain a signed statement from the individual who was responsible for the property to be included in the record;

(f) insure that the claim was filed in a timely manner;

(g) verify that the inmate adequately proved ownership of the property;

(h) determine the reasonable level of compensation;

(i) review the investigation report to insure its completeness (incomplete reports shall be returned for further information); and

(j) at the appeal stage, the lack of a complete investigation report is reasonable grounds for supporting the original claim.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1700.9