§ 627 — Determination of claims

New York § 627

• Jurisdiction: New York
• Law EXC: Executive
• Art. 22: Office of Victim Services

Text

§ 627. Determination of claims. 1. The office shall determine claims\nin accordance with rules and regulations promulgated by the director.\nSuch rules and regulations must provide for:\n (a) written notification to an applying victim of their right to\nrepresentation by counsel, as well as their potential eligibility for an\naward of attorney's fees pursuant to subdivision one of section six\nhundred twenty-six of this article;\n (b) administrative procedures regarding the intake and initial\nprocessing of claims, including mandatory timelines for the initiation\nof investigation of a properly filed claim;\n (c) the investigation and determination of claims regardless of\nwhether the alleged criminal has been arrested, charged, apprehended or\nprosecuted for or convicted of any crime based upon the same incident,\nor has been acquitted, or found not guilty of the crime in question\nowing to criminal irresponsibility or other legal exemption;\n (d) the rebuttable presumption that a child reported missing for a\ntime period exceeding seven days is a victim of a crime;\n (e) the generation of a written decision for each properly filed\nclaim, and written notice to the claimant of the written decision and\ntheir right to a copy of such a decision, as well as any rights to\nappeal that the claimant may have of the decision and a projected date\nof payment in the case of an award to the claimant;\n (f) expedited determination of claims with respect to a livery\noperator within thirty days of the date upon which the claim was\naccepted for filing, as well as standards for awards of loss of earnings\nor support granted pursuant to rules and regulations promulgated in\naccordance with the provisions of this subdivision and subdivision three\nof section six hundred thirty-one of this article. Each award for loss\nof earnings pursuant to rules and regulations promulgated in accordance\nwith this subdivision made with respect to a claim involving a livery\noperator assault victim shall be for such period of time as the office\ndetermines that the livery operator assault victim is unable to work and\nhas lost earnings as a result of such assault, in an amount not to\nexceed twenty thousand dollars. Such award shall be distributed in\nincrements of five hundred dollars per week. Each award for loss of\nsupport pursuant to rules and regulations promulgated in accordance with\nthis subdivision made with respect to a claim involving a livery\noperator homicide victim shall be in the amount of twenty thousand\ndollars, distributed in increments of five hundred dollars per week; and\n (g) provisions for any claimant to submit an additional claim for any\nloss of earnings or support in excess of the amount awarded pursuant to\nrules and regulations in accordance with paragraph (f) of this\nsubdivision, or an additional claim for any other award pursuant to\nrules and regulations promulgated in accordance with this article, in\neach case pursuant to and in accordance with the other provisions of\nthis article or any rules and regulations promulgated in accordance\nthereof and subject to any applicable maximum award limitations\ncontained in this article.\n 2. The claimant may, within thirty days after receipt of the decision\nof the office regarding a claim, make an application in writing to the\ndirector of the office for reconsideration of such decision. The\ndirector, or his or her designee, shall consider such applications in\naccordance with rules and regulations promulgated by the director and\nmay affirm or modify the decision. The decision of the director, or his\nor her designee, shall become the final determination of the office\nregarding the claim.\n