Section Jus 603.03 - Application Process(a) Any person who wishes to request an award of compensation from the commission shall commence the process by filing a "Claim Application Form" described in Jus 604.01 and available from the unit in the department.(b) In response to receipt of a "Claim Application Form" the unit shall contact the claimant and indicate what additional information, including documentation, will be necessary to process the claim. Necessity shall be based upon the need to substantiate and document the claim for which compensation is sought.(c) While the claim application is being completed, the claim shall be considered by the unit and the commission to be in the commission preparation stage.(d) Once the unit determines that the claim application is complete, the unit coordinator shall review the claim for the purpose of determining whether the claimant has clearly established eligibility for compensation. If the claimant has not, the claim shall be labeled a complex claim and the claim application file shall be copied for each commission member. However, if eligibility for compensation is clear, the claim shall be labeled an administrative claim, and the unit coordinator shall prepare a summary of the claim for consideration by the commission.(e) The administrative claim summary prepared pursuant to (d) above shall include: (1) Identification of the eligible crime;(2) A brief description of the crime;(3) A statement as to the type of compensation sought, by category;(4) The history of the claim;(5) Any other information that is material or could be helpful to the commission; and(6) The recommendation of the unit coordinator.(f) Each commission-ready claim prepared at least 14 days prior to the commission's next regularly scheduled meeting shall be placed on that meeting's agenda, unless the unit coordinator determines that it would be unlikely that the claim would be reached and acted upon at that meeting. If the unit coordinator so determines, the commission ready claim shall be placed on the agenda for the first commission meeting at which the unit coordinator determines that the claim can be acted upon by the commission. In no case shall placement on the agenda result in the passage of more than 60 days after the claimant submitted a completed application before a decision can be made by the commission.(g) When the commission considers a claim for compensation, it shall first determine whether there is reasonable evidence that an eligible crime has occurred. Thereafter, the commission shall determine whether the claim provides it with enough information and documentation to form the basis of a decision as to whether to grant or deny the claim in whole or in part.(h) If the commission determines that more information and documentation is necessary, it shall table the claim, and request that staff notify the claimant as to the specific information and documentation necessary for the commission to make its decision.(i) Upon receipt of notice pursuant to (h) above, the claimant shall have up to 60 days to provide such additional information and documentation. However, the unit shall grant an extension of time upon request if the claimant demonstrates that 60 days will not be sufficient to gather such additional information and documentation.(j) Once the commission determines that the claim application provides it with enough information and documentation to form the basis of a decision as to whether to approve or deny the claim in whole or in part, the commission shall consider the claim on its merits and reach a decision within 60 days.(k) The decision of the commission shall be based upon the submitted written claim application, including all relevant evidence, by applying the criteria set forth in Jus 605. If a claim is denied in whole or in part, the decision shall state all reasons applicable to such denial.(l) If a primary victim's claim is denied for any of the reasons set forth in Jus 605.02, the claims of related victims shall, except as provided in Jus 605.02(e), also be denied.(m) If the claimant is aggrieved by the decision of the commission, the claimant may seek review of such decision by filing with the unit a request for reconsideration if the claimant can demonstrate that the commission overlooked or misapprehended a point of law or fact. The claimant may also seek reconsideration by presenting new evidence not previously presented or known to the commission. If an aggrieved claimant cannot meet this standard the claimant may provide a written statement addressing any alleged deficiencies in the commission's decision.(n) The aggrieved claimant shall file a request for reconsideration if the reconsideration is requested in whole or in part based upon new evidence that could materially affect the outcome or the claimant disagrees with the decision. The request for reconsideration shall identify the new evidence or set forth all reasons why the claimant believes that such new evidence, and every mistake of fact or law the claimant believes to have been made, materially affect the outcome. The commission shall give the claimant an opportunity to present a statement to the commission either orally, in writing, by telephone, or in person.(o) If the commission determines that, when viewed in the light most favorable to the claimant, the new evidence or the overlooked or misapprehended point of fact or law could not materially affect the outcome, the commission shall deny such request. A claimant aggrieved by the denial of a request for reconsideration may appeal the decision to the attorney general as provided in (r) and (s), below.(p) If the commission determines that, when viewed in the light most favorable to the claimant, the new evidence or mistake of fact or law could materially affect the outcome, the commission shall grant the request for reconsideration.(q) After the commission has provided an opportunity to a claimant under (n) and (p) above, the commission shall affirm, amend, or reverse its decision based upon the full record of all information and argument presented to it.(r) The claimant shall file a notice of appeal to the attorney general if the claimant seeks to challenge the decision of the commission in whole or in part.(s) The notice of appeal shall identify and set forth every mistake of fact or law the claimant believes to have been made and that materially affects the outcome. The attorney general, or designee, shall then review the complete record reviewed by the commission and, based upon such record review, affirm, amend, or reverse the decision of the commission.(t) For purposes of RSA 541:3, an appeal to the attorney general shall be considered to be a motion for rehearing.(u) Appeal from the decision of the attorney general or designee shall be taken by petition to the New Hampshire supreme court pursuant to RSA 541:6.N.H. Admin. Code § Jus 603.03
#4864, eff 7-13-90; amd by #5430, eff 7-1-92; amd by #6052, eff 7-1-95; ss by #7117, eff 10-8-99, EXPIRED: 10-8-07
New. #9553, eff 9-25-09
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12938, Effective 12/9/2019, Expires 12/9/2029.