Ariz. Admin. Code § 10-4-101

Current through Register Vol. 30, No. 45, November 8, 2024

Section R10-4-101 - Definitions

In this Article:

1. "Board" means the Crime Victim Compensation Board of an operational unit.

2. "Claim" means an application for compensation submitted under this Article.

3. "Claimant" means a natural person who files a claim.

4. "Collateral source" means a source of compensation for economic loss that a claimant received or is accessible to and obtainable by the claimant or that is payable to or on behalf of the victim. Collateral source includes the following sources of compensation:

a. The perpetrator or a third party responsible for the perpetrator's actions;

b. The United States government or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, unless:

i. The law providing for the compensation makes the compensation excess or secondary to benefits under this Article, or

ii. The compensation is made with federal funds granted under 42 U.S.C. 10602;

c. Social Security, Medicare, or Arizona Health Care Cost Containment System payments;

d. State-required, insurance for a temporary, non-occupational disability;

e. Worker's compensation insurance;

f. Wage continuation program of any employer;

g. Insurance proceeds payable to cover a specific compensable cost due to criminally injurious conduct;

h. A contract providing for prepaid hospital and other health care services or disability benefits; and

i. A gift, devise, or bequest to cover a specific compensable cost.

5. "Commission" means the Arizona Criminal Justice Commission, as established by A.R.S. § 41-2404.

6. "Compensable cost" means an economic loss for which a compensation award is allowed under this Article.

7. "Compensation award" means a payment made to a claimant under the standards at R10-4-108.

8. "Crime scene cleanup expense" means the reasonable and customary cost for:

a. Removing or attempting to remove bodily fluids, dirt, stains, and other debris that result from criminally injurious conduct occurring within a residence or the surrounding curtilage;

b. Repairing or replacing exterior doors, locks, or windows damaged as a direct result of criminally injurious conduct occurring within a residence or the surrounding curtilage.

9. "Criminally injurious conduct" means conduct that:

a. Constitutes a crime as defined by state or federal law regardless of whether the perpetrator of the conduct is apprehended, charged, or convicted;

b. Poses a substantial threat of physical injury, mental distress, or death; and

c. Is punishable by fine, imprisonment, or death, or would be punishable but the perpetrator of the conduct lacked the capacity to commit the crime under applicable laws.

10. "Derivative victim" means:

a. The spouse, child, parent, stepparent, stepchild, sibling, grandparent, grandchild, or guardian of a victim who died as a result of criminally injurious conduct;

b. A child born to a victim after the victim's death;

c. A person living in the household of a victim who died as a result of criminally injurious conduct, in a relationship determined by the Board to be substantially similar to a relationship listed in subsection (10)(a);

d. A member of the victim's family who witnessed the criminally injurious conduct or who discovered the scene of the criminally injurious conduct;

e. A natural person who is not related to the victim but who witnessed the criminally injurious conduct or discovered the scene of the criminally injurious conduct; or

f. A natural person whose own mental health counseling and care or presence during the victim's mental health counseling and care is recommended for the successful treatment of the victim.

11. "Durable medical equipment" means an appliance, apparatus, device, or product that:

a. Is medically necessary to treat an injury or condition resulting from criminally injurious conduct;

b. Improves the function of an injured body part or delays deterioration of a patient's physical condition;

c. Is primarily and customarily used to serve a medical purpose rather than primarily for transportation, comfort, or convenience; and

d. Provides the medically appropriate level of performance and quality for the medical injury or condition present.

12. "Economic loss" means financial detriment resulting from medical expense, mental health counseling and care expense, crime scene cleanup expense, funeral expense, or work loss.

13. "Fund" means all State, Federal, and jurisdiction financial resources dedicated to the compensation program through statute, this chapter, or federal grant award.

14. "Funeral expense" means a reasonable and customary cost, such as those listed on the Statement of Funeral Goods and Services Selected required under A.A.C. R4-12-307, incurred as a direct result of a victim's funeral, cremation, Native American ceremony, or burial.

15. "Good cause" means a reason that the Board determines is substantial enough to afford a legal excuse.

16. "Inactive claim" means a claim for which no compensation award is made for 12 consecutive months.

17. "Incident of criminally injurious conduct" means all criminal actions that are related to or dependent upon each other regardless of the time involved in perpetrating the actions, number of persons perpetrating the actions, or the number of crimes with which the perpetrator is or could be charged.

18. "Jurisdiction" means any county in this state.

19. "Medical expense" means a reasonable and customary cost for medical care provided to a victim due to a physical injury, mental health condition, or medical condition that is a direct result of criminally injurious conduct.

20. "Mental distress" means a substantial disorder of emotional processes, thought, or cognition that impairs judgment, behavior, or ability to cope with the ordinary demands of life.

21. "Mental health counseling and care expense" means a reasonable and customary cost to assess, diagnose, and treat a victim's or derivative victim's mental distress resulting from criminally injurious conduct.

22. "Minimum wage standard" means the uniform minimum wage payable in Arizona under federal or state law, whichever is greater.

23. "Operational unit" means a public or private agency authorized by the Commission to receive, evaluate, and present to the Board a claim.

24. "Program" means the Crime Victim Compensation Program.

25. "Proximate cause" means an event sufficiently related to criminally injurious conduct to be held the cause of the criminally injurious conduct.

26. "Reasonable and customary" means the normal charge within a specific geographic area for a specific service by a provider of a particular level of experience or expertise.

27. "Resident" means a natural person who is domiciled in Arizona or is in Arizona for other than a temporary or transitory purpose.

28. "Subrogation" means the substitution of the state or an operational unit in place of a claimant to enforce a lawful claim against a collateral source to recover any part of a compensation award made to the claimant using funds of the state or operational unit.

29. "Total and permanent disability" means a physical or mental condition that the Board finds is a proximate result of criminally injurious conduct and:

a. Produces a significant and sustained reduction in the victim's former mental or physical abilities dramatically altering the victim's ability to interact with others and carry on normal functions of life;

b. Lessens the victim's ability to work to a material degree; or

c. Causes a physical or neurophysical impairment from which no fundamental or marked improvement in the victim's crime-related condition can reasonably be expected.

30. "Transportation costs" means a travel expense that may be reimbursed to a claimant as follows:

a. Mileage, calculated at the rate established by:

i. The operational unit, or

ii. The state if the operational unit has not established a mileage rate;

b. Fare or fee expenses; and

c. Vehicle rental at the cost specified in the rental agreement.

31. "Victim" means a natural person who suffers a physical injury or medical condition, mental distress, or death as a direct result of:

a. Criminally injurious conduct,

b. The person's good faith effort to prevent criminally injurious conduct, or

c. The person's good faith effort to apprehend a person suspected of engaging in criminally injurious conduct.

32. "Work loss" means a reduction in income from:

a. Work that a victim or derivative victim would have performed if the victim had not been a victim; and

b. Social Security or Supplemental Security Income that a victim would have received or from which a derivative victim would have benefitted if the victim had not been killed.

Ariz. Admin. Code § R10-4-101

Adopted effective December 31, 1986 (Supp. 86-6). Section repealed; new Section R10-4-101 renumbered from R10-4-103 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.