80-001 Code Vt. R. 80-220-001-X

Current through August, 2024

Section 80 220 001 - ADMINISTRATIVE RULES AND REGULATIONS

VERMONT VICTIMS COMPENSATION PROGRAM

114 MAIN STREET, MONTPELIER, VT. 05602

TELEPHONE 828-3374

ADMINISTRATIVE RULES AND REGULATIONS

SCOPE OF RULES. The following rules shall constitute the practice to be followed in all proceedings before the Vermont Victims Compensation Board.

LIBERAL CONSTRUCTION OF PROVISIONS. These rules shall be liberally construed by the Board to permit it to discharge its statutory function and secure equitable determinations in all matters before the Board.

PRACTICE WHERE RULES DO NOT GOVERN. The Board may rescind, amend or expand these rules from time to time, provided the same is effected in accordance with the provisions of the Vermont Administrative Procedure Act. In any matter not expressly governed by these rules or by statute, the Board shall exercise its discretion.

VALIDITY OF RULES IF ANY PORTION DECLARED INVALID. If any portion of these rules, or the application thereof, shall be declared to be invalid, or inoperative, or if by statutory amendment any rules shall lose its force and effect, such judgment or amendment shall not affect, impair or void the remainder of these rules.

Section 5351

DEFINITIONS as used in this 13.V.S.A. Chapter 167, are hereby adopted by this Board and incorporated by reference in these rules.

Section 5352 VICTIMS COMPENSATION BOARD

1. The Board is established for the purpose of awarding compensation to victims of crimes and to their dependents.

2. The Board shall consist of five members appointed by the governor

- one physician licensed to practice in this state

- one attorney admitted to practice in this state

- one individual who is a crime victim

- two public members

3. Each member shall serve for a term of three years. Initial terms of members of the Board may be less than three years to insure that no more than one term expires in any given year. A reappointment and/or a vacancy shall be filled in the same manner as the original appointment for the remainder of an unexpired term.

4. The Board shall function independently.

5. The Board shall provide application forms and other information which local law enforcement agencies may require to comply with this section. The program strives to promote victim cooperation with the reasonable requests of law enforcement authorities.

Section 5353 ELIGIBILITY FOR COMPENSATION

A. A victim or a dependent of a victim shall be eligible for compensation when:

1. A law enforcement official has filed a report concluding that a crime was committed which resulted in the injury or death of the victim; and

2. The crime was committed in this state; or

3. The victim is a Vermont resident, the state in which the crime occurred does not have an eligible crime victim's compensation program and the applicant would have been eligible for compensation under this chapter if the crime had been committed in this state.

B. Victims of crimes subject to federal jurisdiction, and their dependents, shall be eligible for compensation on the same basis as victims of state crimes.

C. An application for compensation shall be made on the form prescribed by the Board and signed by the claimant which includes an authorization for securing medical and other necessary records, and a subrogation agreement.

D. In any case in which the person entitled to compensation under this chapter is a minor or is mentally incompetent or unable to apply because of his or her physical condition, the application may be made on the person's behalf by a parent, spouse, guardian or other person responsible for the victim's welfare.

E. In any case in which a victim otherwise eligible for compensation under this chapter dies without making an application, the Board may award medical or medically-related expenses to the victim's estate providing the executor, administrator or person responsible for the estate has applied in accordance to Sec. C.

F. The Board may award funeral expenses to the next of kin of a deceased victim who is not survived by a dependent.

G. A victim or a dependent of a victim shall be eligible for compensation for pecuniary losses sustained as a result of a crime which occurred after July 1,1987 if the losses occurred on or after July 1, 1990.

H. A victim who is under the age of 18 at the time the application for compensation is filed shall be eligible for compensation for pecuniary losses sustained as a result of a crime, no matter when the crime occurred, if the losses occurred on or after July 1, 1990.

I. It will be the duty of the victim to report change of address, court action, and other information pertinent to their claim.

Section 5354 REVIEW OF APPLICATIONS

The Board shall review applications and shall consider all relevant information presented to the board to determine whether compensation should be awarded under this chapter. The Board has the right to request additional information that is deemed necessary. The Board shall meet once a month to review and to determine awards. The Board shall render its decision regarding the application within three months of receipt of all necessary information to determine a final judgment in the matter.

Section 5355

(A) . APPROVAL OF APPLICATION After review of the evidence relevant to the application for compensation, the Board shall approve the application if a preponderance of the evidence (51%) shows that as a direct result of the crime an injury death occurred that resulted in a pecuniary loss to the victim or the dependent.

(B) . REJECTION OF APPLICATION: An application for assistance shall be denied if any of the following apply:

1) the application was not made within the period of time permitted for commencing prosecution of the crime. The Board may extend the time for filing for good cause shown.

2) the victim violated a criminal law of this state which caused or contributed to the victim's injuries or death.

3) provisions of 5353 have not been met.

If the Board denies an application, the Board shall send the applicant written notice of the decision personally or by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that he/she may file a petition with the Board for review of its preliminary decision within 30 days of the date on which the notice is mailed. After the hearing, the Board shall affirm or reverse the preliminary denial, explaining reasons in writing. The decision of the Board shall be final.

Section 5356 AMOUNT OF COMPENSATION

If the application is approved, the Board shall authorize cash payments to medical care providers, mental health providers, funeral providers, to the victim or dependents of the victim not to exceed $ 10,000, equal to the unreimbursed pecuniary loss directly resulting from the injury or death of the victim. Payments will be made within 45 days after the final decision of the Board. An award for compensation may be made whether or not any person is prosecuted or convicted for the crime giving rise to the claim before the Board.

A) Emergency Advance can be made during the period of time a claim is pending approval by the full Board where such grants could help a victim maintain a reasonable level of health or safety for herself/himself or dependents and prevent financial hardship.

- The Board shall determine an amount to be issued by the Executive Director when the preponderance of credible evidence shows the need for such an Emergency Advance.

- Any emergency advances made to a claimant shall be deducted from the final amount of compensation awarded to said claimant.

B) Medical or medically related expenses may include, but are not limited to:

-the costs for mental health services by eligible providers as established by the policy of the Board

-alternative health care providers who are regulated by the State or referred by a licensed physician

-the costs of purchasing eyeglasses, hearing aids, dentures or any prosthetic devices which were taken, lost or destroyed during the commission of the crime or became necessary as the result of the crime

-rehabilitation services, supported residential services, respite care services, attendant care services or other remedial treatment and care not to exceed the usual and customary rates

-occupational therapy, physical therapy, speech therapy not to exceed the usual and customary rates

-transportation for medical/mental health treatment.

C) Exhaustion of the fund during current fiscal year shall result in the Board holding back payment of compensable expenses until adequate funding is received.

- Priority will be given first to claims already approved by the Board who continue to need reimbursement for medical, mental health services or lost wages and have not exceeded the maximum award.

- Claims for new awards shall be approved according to the order in which they are completed.

D) Pursuant to policy adopted by the Board, caps shall exist within the $ 10,000 maximum award for the following expenses to insure fair and uniform coverage of expenses for all victims of crime:

- Mental Health Claims shall not exceed $ 3,000.00 or the amount recommended by the provider in their Treatment Plan, whichever is less. If costs exceed this amount an evaluation of treatment will be required.

-Lost Wages must be equal to victim's net salary at time of injury but not greater than $ 1,500; if more than one month of wages are lost a physician's statement is required with estimated date of return; if self employed, copy of last year's tax forms or copies of current financial statements must be submitted; failure to report the earnings upon which the loss is based to state and federal revenue departments as required by law will result in the claim being denied.

- Funeral Expenses shall not exceed the cap determined by the Board. Extenuating circumstances in excess of this amount will be considered by the Board.

- Temporary Living Expenses shall be paid to the dependent of a victim who has died as a result of a crime if demonstration of financial hardship is apparent. An award for the cost of actual living expenses shall not exceed $ 1,500 a month for up to three months. The Board, however, reserves the right to exceed this amount if it deems necessary.

(The Board shall periodically review caps to insure that they are in accordance with CPI. cost or living, etc., and correspond with the services provided to victims. Reviews will be at least on a yearly basis.)

Section 5357 SUBROGATION; LIEN; DISPOSITION OF PROCEEDS

The Vermont Victims Compensation Program shall be subrogated to the rights of the victim or dependent to whom cash payments are granted to the extent of the cash payments awarded, less the amount of any fine imposed by the court on the perpetrator of the crime. Such subrogation rights shall be against the perpetrator of the crime or any person liable for the pecuniary loss.

80-001 Code Vt. R. 80-220-001-X