Ala. Admin. Code r. 262-X-4-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 262-X-4-.02 - Eligibility Criteria-Generally

(1) The incident must have occurred on or after June 1, 1984.

(2) The incident must have been reported within 72 hours after its occurrence or the Commission must find there was good cause for the failure to report within that time. Good cause includes, but is not limited to the minority, infirmity or incapacity of the claimant.

(3) The application must be filed within one (1) year of the incident unless the Commission finds there was good cause for the failure to report within that time.

(4) The victim must have suffered bodily injury, psychological injury as the result of a direct, face-to-face threat of physical injury, or actual physical injury or death as a result of the criminal actions of another.

(5) The claimant or victim must cooperate fully with law enforcement and the Commission staff. If law enforcement officials or Commission staff are not satisfied with the victim's or claimant's cooperation, the Commission may "not approve" the claim.

(6) Requested expenses shall not be eligible for compensation in the event that they have been paid by a collateral source.

(7) The victim or claimant must not be the offender or an accomplice of the offender.

(8) No portion of the compensation shall benefit the offender or accomplice.

(9) If the applicant, after making application for compensation to the Commission, then perpetrates any criminally injurious conduct or is convicted of a felony, the applicant shall be ineligible for compensation.

(10) The claimant must submit an application that has been signed by either facsimile signature or electronic signature. If the Commission is not satisfied that the facsimile signature or the electronic signature is authentic, it may request an original, notarized signature from the claimant.

(11) A person must be a U.S. citizen, a person who is legally present in the U.S., or an alien eligible for public benefits in order to receive compensation benefits.

(12) An alien who is defined as an eligible alien pursuant to 8 U.S.C. § 1621(a) or 8 U.S.C. § 1641, or certified as a victim of human tracking pursuant to 22 U.S.C. § 7105 may be eligible for compensation benefits.

(13) Proof of U.S. citizenship, legal presence in the U.S., or proof of being an alien eligible for public benefits must be provided for every claimant/victim.

(a) A copy of one of the following documents may be accepted as evidence of U.S. citizenship:

1. A birth certificate issued in or by a city, county, state, or other governmental entity within the United States or its outlying possessions.

2. A U.S. Certificate of Birth Abroad (FS-545, DS-135) or a Report of Birth Abroad of a U.S. Citizen (FS-240).

3. A birth certificate or passport issued from:

(i) Puerto Rico, on or after January 13, 1941;

(ii) Guam, on or after April 10, 1898;

(iii) U.S. Virgin Islands, on or after February 25, 1927;

(iv) Northern Mariana Islands, after November 4, 1986;

(v) American Samoa;

(vi) Swains Island; or

(vii) District of Columbia.

4. An unexpired U.S. passport.

5. Certificate of Naturalization (N-550, N-57, N-578).

6. Certificate of Citizenship (N-560, N-561, N-645).

7. U.S. Citizen Identification Card (1-179, 1-197).

8. Free Alabama Photo Voter Identification Card.

If the Commission is not satisfied with the authenticity of a copy of one of the documents in 262-X-4-.02(13) a, it may request that the original be submitted for inspection.

(b) A person may be presumed to not be an alien who is unlawfully present in the U.S. if the person provides a copy of one of the following documents to the Commission for inspection:

1. A valid, unexpired Alabama driver's license.

2. A valid, unexpired Alabama nondriver identification card.

3. A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier.

4. Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance.

5. A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer's admission to the United States.

If the Commission is not satisfied with the authenticity of a copy of one of the documents in 262-X-4-.02(13) b, it may request that the original be submitted for inspection.

(c) Submission of a copy of one of the following documents and subsequent positive verification in the Systematic Alien Verification for Entitlements (SAVE) system is proof of legal presence:

1. 1-327 (Reentry Permit)

2. 1-551 (Permanent Resident Card)

3. 1-571 (Refugee Travel Document)

4. 1-766 (Employment Authorization Card)

5. Certificate of Citizenship

6. Naturalization Certificate

7. Machine Readable Immigrant Visa (with Temporary 1-551 Language)

8. Temporary 1-551 Stamp (on Passport or 1-94)

9. 1-94 (Arrival/Departure Record)

10. 1-94 (Arrival/Departure Record) in Unexpired Foreign Passport

11. Unexpired Foreign Passport

12. 1-20 (Certificate of Eligibility for Nonimmigrant (F-l) Student Status)

13. DS2019 (Certificate of Eligibility for Exchange Visitor (J-l) Status)

14. Documents not included in this list will be examined on a case-by-case basis.

(d) Failure to provide this documentation within the requested time shall result in the non-approval of the compensation claim.

(e) This rule shall be effective upon the filing date and apply to claims pending and/or claims received on or after the filing date.

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Ala. Admin. Code r. 262-X-4-.02

Filed October 27, 1987. Amended: November 25, 1992. Amended: Filed September 20, 2001; effective October 25, 2001. Amended: Filed August 8, 2002; effective September 12, 2002. Repealed and New Rule: Filed March 9, 2004; effective April 13, 2004. Amended: Filed February 8, 2005; effective March 15, 2005. Amended: Filed May 9, 2005; effective June 13, 2005. Amended: Filed January 8, 2008; effective February 12, 2008. Amended: Filed January 6, 2010; effective February 10, 2010. Amended: Filed August 10, 2010; effective September 14, 2010. Amended: Filed June 10, 2011; effective July 15, 2011. Amended: Filed November 9, 2012; effective December 14, 2012. Amended: Filed August 6, 2013; effective September 10, 2013.

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 10, July 31, 2014, eff. 8/12/2014.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 04, January 31, 2018, eff. 2/24/2018.

Author: Cassie T. Jones, Ed.D.

Statutory Authority:Code of Ala. 1975, §§ 15-23-5(14).