Ariz. Admin. Code § 10-4-110

Current through Register Vol. 30, No. 17, April 26, 2024

Section R10-4-110 - [Effective until 7/20/2024] State-level Claim Review

A. A claimant who is aggrieved by a decision of a Board made at a rehearing under R10-4-109 may request a state-level claim review of the decision within 30 calendar days after the Board serves notice of the decision. The claimant shall request a state-level claim review in writing, specify the grounds for the request, and submit the request directly to the Commission.

B. The State Claim Review Panel shall serve as the decision-making body for state-level claim reviews. The State Claim Review Panel shall consist of the following members:

1. The Arizona Criminal Justice Commission Crime Victim Services Program Manager,

2. A representative of the Office of the Attorney General, and

3. A Board chair from an operational unit that is not the operational unit that originally heard the claim being reviewed.

C. The State Claim Review Panel shall meet as needed to hear claimant requests for a state-level claim review. The State Claim Review Panel shall complete a state-level claim review within 30 calendar days after receiving the written request required under subsection (A).

D. A claimant may amend a request for a state-level claim review of a Board decision at any time before it is ruled on by the State Claim Review Panel.

E. When a state-level claim review is granted, the State Claim Review Panel shall ensure that the review:

1. Considers only evidence previously presented to the Board, and

2. Decides only whether the Board's decision was consistent with the standards in this Article.

F. The State Claim Review Panel may affirm or overturn a decision made by a Board.

G. A decision by the State Claim Review Panel is final. If the Panel overturns a decision made by a Board related to:

1. Eligibility, the operational unit where the claim originated shall proceed with any further action related to the claim; or

2. An economic loss, the operational unit where the claim originated shall pay the economic loss using compensation funds available to the operational unit.

H. The State Claim Review Panel shall provide written notice of the Panel's decision to the claimant and the operational unit that originally heard the claim within 10 business days after the state-level claim review.

Ariz. Admin. Code § R10-4-110

Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Former Section R10-4-110 renumbered to R10-4-108 by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Section R10-4-110 renumbered from R10-4-108 and amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Section R10-4-110 renumbered to R10-4-111; new Section R10-4-110 made 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).