Mo. Code Regs. tit. 11 § 30-18.020

Current through Register Vol. 49, No. 23, December 2, 2024

Section 11 CSR 30-18.020 - Rules Governing Crime Victims' Compensation Appeals

PURPOSE: This rule sets forth requirements for pursuing appeals of determinations of crime victim compensation under Chapter 595, RSMo.

(1) Procedure for Initiating Appeal.

(A) If the claimant disagrees with the decision of the Crime Victims' Compensation Program (program), the claimant may appeal for an administrative review before the Director of the Department of Public Safety (director) by submitting a request in writing to the Program.

(B) The deadline to request an administrative review is thirty (30) days after the date of the letter containing the decision of the program. Any request for administrative review submitted after this date shall be denied as untimely. Administrative reviews denied for this reason may be reinstated for good cause shown by the claimant.

(C) A request for administrative review shall identify the specific reasons why the director should reverse the decision of the program. Requests that do not comply with this requirement shall be denied.

(2) Review by Director.

(A) The director shall review each request for administrative review and determine whether the decision should be affirmed or reversed on the basis of the evidence previously submitted in the case or may take additional evidence in reviewing the decision.

(B) If the director takes additional evidence in reviewing the decision, the director may specifically request such evidence be provided and resolve the administrative review on the basis of that evidence, or the director may set the case for a hearing where additional evidence may be submitted.

(C) The decision of the director is the final decision of the department for purposes of appeal under section 595.036.2, RSMo.

(3) Procedure for Hearings.

(A) Administrative reviews before the director are simple, informal, and summary.

(B) The program may receive as evidence any statements, documents, information, or material that it finds is relevant and of a nature to afford the claimant a fair hearing. The program may also accept law enforcement reports, hospital records and reports, physicians' reports, and other documentation as proof of the crime and injuries sustained, without requiring the presence of the investigating officer or attending physician at the administrative review.

(C) If the claimant fails to appear at the scheduled review before the director, the administrative review shall be dismissed. Administrative reviews dismissed for this reason may be reinstated for good cause shown by the claimant.

(D) Notice of the administrative review sent to a claimant's attorney at the attorney's last known address is deemed notice to the party.

(E) Administrative reviews may be heard in person, by phone, video conference, or any other manner approved by the director.

(4) Director's Designee: Pursuant to section 595.010, RSMo, the director may designate a person to carry out any of the director's duties in this rule.

11 CSR 30-18.020

Adopted by Missouri Register September 1, 2021/Volume 46, Number 17, effective 10/31/2021