§ 9012 — Form of claim; investigation—hearing

Delaware § 9012

• Jurisdiction: Delaware
• Title: 11
• Part: Victims of Crimes
• Ch. 90: COMPENSATION FOR INNOCENT VICTIMS OF CRIME

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(a) All claims filed with the Agency must be in writing on the Agency’s provided claim form and signed by the claimant. The Agency shall initiate an investigation of the claim within 30 days of the filing of the claim. After this investigation, the Agency shall render a decision on whether or not to award compensation to the claimant. The Agency shall immediately mail a copy of its decision to the claimant, together with written notice of the claimant’s options for redress if dissatisfied with the Agency decision.

(b) If the claimant is dissatisfied with the Agency’s decision, the claimant may, within 30 days after the date the Agency decision is mailed, file a request for reconsideration of the claim. The request must include additional information from the claimant that supports the claim request. If the request is not timely made, then the Agency decision is final and not appealable to the Appeals Board or the Superior Court.

(c) If a reconsideration is timely requested, the Executive Director shall review the claimant’s information and render a final decision. This decision will immediately be mailed to the claimant, together with written notice of the claimant’s right to request an appeal.

(d) If the claimant is dissatisfied with the Agency’s final decision, the claimant may, within 30 days after the date the decision is mailed, request a hearing before the Appeals Board. If an appeal is timely requested, the Appeals Board shall fix the time and place for hearing the appeal. The Agency shall, at least 20 days before the time set for the hearing, mail notices of the time and place of the hearing to all interested persons and agencies. At the appeal hearing, the claimant may present evidence to the Appeals Board to show why the Agency’s decision should be reversed or modified. Within 90 days of the conclusion of all hearings on the matter, the Appeals Board shall mail to the claimant a statement of its final decision to award or deny the claim and a statement of any conditions under which the claim will be awarded. The Appeals Board may affirm, reverse, or modify the Agency’s decision.

(e) The claimant or the Agency, if dissatisfied by the Appeals Board’s decision concerning compensation or any conditions attached to the award of the compensation, may appeal to the Superior Court within 30 days following the date the decision of the Appeals Board is mailed to the appealing party. An appeal to Superior Court must be based on the record of the Appeals Board hearing.

Legislative History

59 Del. Laws, c. 519, § 1 ; 60 Del. Laws, c. 436, §§ 7, 8 ; 68 Del. Laws, c. 239, §§ 1, 2 ; 72 Del. Laws, c. 460, §§ 13, 14, 16 ; 77 Del. Laws, c. 193, § 1 ; 83 Del. Laws, c. 247, § 10