2012 New York Consolidated Laws
EXC - Executive
Article 22 - (620 - 635) OFFICE OF VICTIM SERVICES
627 - Determination of claims.

 
    §  627.  Determination of claims. 1. The office shall determine claims
  in accordance with rules and regulations promulgated  by  the  director.
  Such rules and regulations must provide for:
    (a)  written  notification  to  an  applying  victim of their right to
  representation by counsel, as well as their potential eligibility for an
  award of attorney's fees pursuant to  subdivision  one  of  section  six
  hundred twenty-six of this article;
    (b)   administrative  procedures  regarding  the  intake  and  initial
  processing of claims, including mandatory timelines for  the  initiation
  of investigation of a properly filed claim;
    (c)  the  investigation  and  determination  of  claims  regardless of
  whether the alleged criminal has been apprehended or prosecuted  for  or
  convicted  of  any  crime  based  upon  the  same  incident, or has been
  acquitted, or found not  guilty  of  the  crime  in  question  owing  to
  criminal irresponsibility or other legal exemption;
    (d)  the  rebuttable  presumption  that a child reported missing for a
  time period exceeding seven days is a victim of a crime;
    (e) the generation of a  written  decision  for  each  properly  filed
  claim,  and  written  notice to the claimant of the written decision and
  their right to a copy of such a decision,  as  well  as  any  rights  to
  appeal  that  the claimant may have of the decision and a projected date
  of payment in the case of an award to the claimant;
    (f) expedited  determination  of  claims  with  respect  to  a  livery
  operator  within  thirty  days  of  the  date  upon  which the claim was
  accepted for filing, as well as standards for awards of loss of earnings
  or support granted pursuant to  rules  and  regulations  promulgated  in
  accordance with the provisions of this subdivision and subdivision three
  of  section  six hundred thirty-one of this article. Each award for loss
  of earnings pursuant to rules and regulations promulgated in  accordance
  with  this  subdivision  made with respect to a claim involving a livery
  operator assault victim shall be for such period of time as  the  office
  determines that the livery operator assault victim is unable to work and
  has  lost  earnings  as  a  result  of such assault, in an amount not to
  exceed twenty thousand dollars.  Such  award  shall  be  distributed  in
  increments  of  five  hundred  dollars  per week. Each award for loss of
  support pursuant to rules and regulations promulgated in accordance with
  this subdivision made  with  respect  to  a  claim  involving  a  livery
  operator  homicide  victim  shall  be  in  the amount of twenty thousand
  dollars, distributed in increments of five hundred dollars per week; and
    (g) provisions for any claimant to submit an additional claim for  any
  loss  of earnings or support in excess of the amount awarded pursuant to
  rules  and  regulations  in  accordance  with  paragraph  (f)  of   this
  subdivision,  or  an  additional  claim  for any other award pursuant to
  rules and regulations promulgated in accordance with  this  article,  in
  each  case  pursuant  to  and in accordance with the other provisions of
  this article or any rules  and  regulations  promulgated  in  accordance
  thereof   and  subject  to  any  applicable  maximum  award  limitations
  contained in this article.
    2. The claimant may, within thirty days after receipt of the  decision
  of  the  office regarding a claim, make an application in writing to the
  director of  the  office  for  reconsideration  of  such  decision.  The
  director,  or  his  or her designee, shall consider such applications in
  accordance with rules and regulations promulgated by  the  director  and
  may  affirm or modify the decision. The decision of the director, or his
  or her designee, shall become the  final  determination  of  the  office
  regarding the claim.