Md. Code Regs. 12.01.01.06

Current through Register Vol. 51, No. 26, December 27, 2024

Section 12.01.01.06 - Awards

A. The Board shall grant awards under Criminal Procedure Article, § 11-810, Annotated Code of Maryland.

B. The Board shall determine the amount and duration of an award subject to procedures and limitations under Criminal Procedure Article, §§ 11-811 and 11-812, Annotated Code of Maryland.

C. Emergency Awards.

(1) The Board may grant an emergency award before a final decision is made if the Board determines that:

(a) An award in the case is likely to be made; and

(b) The claimant is likely to suffer undue hardship unless immediate payment is made.

(2) For the Board to consider an emergency award, the claimant shall:

(a) Make a request for an emergency award at the time the claim is filed or anytime thereafter;

(b) Provide details supporting the reason for the request for an emergency award; and

(c) Ensure that the Board receives a copy of the police report documenting the crime for which the claim is being filed.

(3) If the Board grants a request for an emergency award, the amount of the emergency award:

(a) May not exceed $2,000 per claim; and

(b) Shall be deducted from the final award made for the same claim.

(4) If the amount of the emergency award granted under §C(1) of this regulation exceeds the amount of the final award for the same claim, the claimant shall repay the Board an amount determined by the Board, subject to Criminal Procedure Article, § 11-813, Annotated Code of Maryland.

(5) The Board may require that all or part of an emergency award be paid to a third party, including, but not limited to, a service provider, protective payee, or trustee.

D. Supplemental Awards.

(1) After the Board grants a final award, the claimant may request that the Board reopen the claim to consider additional compensation for unreimbursed losses directly related to the same crime.

(2) The process for granting a supplemental award is the same as that established for filing a claim under Regulation .04 of this chapter.

Md. Code Regs. 12.01.01.06

Regulations .06 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Regulations .06 amended effective July 1, 1996 (23:13 Md. R. 945); amended effective 43:11 Md. R. 634, eff.6/6/2016