N.Y. Comp. Codes R. & Regs. tit. 9 § 525.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 525.11 - Emergency awards

(a) No request for an emergency award shall be considered unless a claim application has been filed with the office. The claim application and the request for an emergency award may be made simultaneously. A victim assistance program as defined in section 525.22 of this Part may assist a claimant in making such a request. A request for an emergency award shall be expeditiously acted upon.

(b) A request for an emergency award may be approved if it appears to the office that such claim is one with respect to which an award probably will be made and undue hardship will result to the claimant if immediate payment is not made. The determination by the office of an emergency award request shall include, at a minimum, the consideration of:

(1) whether a crime did in fact occur,

(2) the eligibility of the person to receive an award pursuant to section 624 of the Executive Law,

(3) whether, if the crime upon which the claim is based did not result in the death of such person, the person contributed to their injuries because of their conduct pursuant to subdivision 5 of section 631 of the Executive Law,

(4) the office as payer of last resort, pursuant to subdivision 4 of section 631 of the Executive Law,

(5) whether the claimant and/or victim failed to cooperate with the reasonable requests of law enforcement authorities, including prosecutors, and

(6) the out-of-pocket loss, as defined in section 626 of the Executive law, upon which the request for an emergency award is made.

(c) The amount of an emergency award shall be the actual out-of-pocket loss as defined in section 626 of the Executive Law and subject to any applicable maximum award limitations contained in section 630 of the Executive Law. The amount of such emergency award shall be deducted from any final award made to the claimant, and the excess of the amount of any such emergency award over the amount of the final award, or the full amount of any emergency awards if no final award is made, shall be repaid by the claimant to the office. Failure to repay such amount to the office may result in the delivery of such claim to the Office of the Attorney General for collection.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 525.11

Amended New York State Register February 19, 2020/Volume XLII, Issue 07, eff. 2/19/2020