Ala. Admin. Code r. 262-X-5-.01

Current through Register Vol. 43, No. 02, November 27, 2024

Section 262-X-5-.01 - Cooperation With Law Enforcement

The Commission, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies or the Commission staff in the processing of a claim, the Commission may deny, withdraw, or reduce an award of compensation. The Commission shall determine the extent of the cooperation by the victim and the following criteria shall be used:

(a) The claimant's failure to assist and cooperate with the prosecution of the case or to appear as a witness shall constitute noncooperation and the claim shall be denied.

(b) In instances in which the claimant initially fails to cooperate with law enforcement but subsequently begins to cooperate, compensation may be reduced or denied to the extent which his/her failure to cooperate hindered the investigation and/or prosecution of the case.

(c) If law enforcement indicates that the claimant was reluctant to give information pertaining to the crime; failed to appear when requested, without good cause, gave false or misleading information, or attempted to avoid law enforcement, the award shall be denied.

(d) A claimant's failure to cooperate with ACVCC's processing of the claim shall also be a basis for rendering a claim ineligible.

Author: Martin A. Ramsay

Ala. Admin. Code r. 262-X-5-.01

Filed October 27, 1987. Amended: November 25, 1992. Repealed and New Rule: Filed March 9, 2004; effective April 13, 2004.

Statutory Authority:Code of Ala. 1975, §§ 15-23-5(14).