Section 26-A1804. DETERMINATION OF ELIGIBILITY AND AWARD

 

1804.1The Administration shall investigate the claim as necessary to determine a victim's eligibility and the amount, if any, of compensation.

 

1804.2The Administration shall examine all documentation received and request from the victim any additional documentation which may be necessary to make a determination on the claim as required under §9a of the Act.

 

1804.3The final burden of proof of the authenticity and eligibility of a claim, or any part of a claim, shall rest with the victim.

 

1804.4When an award cannot be made because aspects of the claim cannot be verified, the victim shall be given written notice of the particular deficiency of verification.

 

1804.5The information requested by the Administration to verify the claim shall be supplied by the victim, as necessary.

 

1804.6If the victim does not comply with a request for information made by the Administration within ten (10) days, the claim may be denied in whole or in part as appropriate.

 

1804.7The Administration shall make a preliminary determination as to the eligibility and the amount of compensation within sixty (60) days of receipt of the claim.

 

1804.8The sixty (60) day time limitation shall not begin to run until all requests for information or verification of those sources listed under §1803 have been responded to by the victim.

 

1804.9The Administration shall keep records of each claim showing what requests are outstanding and when such requests were made.

 

source

Final Rulemaking published at 35 DCR 7649(October 21, 1988).