N.Y. Comp. Codes R. & Regs. tit. 9 § 525.6

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

Section 525.6 - Decision on a claim

(a) If the information developed in the course of the investigation discloses that:

(1) the claimant has withdrawn the claim; or

(2) the claimant has failed or refused to supply information requested by the office; or

(3) a claim arising from the same circumstance is pending before another agency; or

(4) the claimant cannot be located, then the office may issue a decision denying the claim without prejudice to the claim being reopened at a later time.

(b) After investigation of the claim, and after a hearing, if any, the office shall issue a decision either granting an award or denying the claim. The decision may also include a determination whether the victim engaged in conduct contributing to the crime or criminal injury, and shall reduce the amount of the award or deny the claim altogether in accordance with such determination and pursuant to subdivision (m) of section 525.12 of this Part.

(c) If the information developed in the course of the investigation discloses that the claimant and/or the victim failed to cooperate with the reasonable requests of law enforcement authorities, including prosecutors, then the office may issue a decision denying the claim with prejudice.

(d) All claims investigated by the office shall receive a decision regardless of whether the alleged criminal has been apprehended or prosecuted for, or convicted of any crime based upon the same incident, or has been acquitted, or found not guilty of the crime in question owing to criminal irresponsibility or other legal exemption.

(e) The decision shall state in writing the reason(s) therefor. Should the decision contain a specific payment or payments to the claimant or provider(s), the decision shall state in writing the projected date of such payment(s). A copy of the decision shall become part of the claim's file and the claimant and/or his or her attorney shall be provided a copy of such decision.

(f) The decision shall have printed or typed thereon notices to the claimant and/or attorney. These notices shall include any rights to appeal that the claimant may have of the decision and a projected date of payment in the case of an award to the claimant.

(g) Unless the office receives a written application for reconsideration of the decision, pursuant to section 525.13(a) of this Part, the decision of the office shall become the final determination.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 525.6

Amended New York State Register January 13, 2016/Volume XXXVIII, Issue 02, eff. 1/13/2016