Health and Human Services - Population Health and Community Services - Crime Victim Services – General Rules


Published: 1983

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

BUREAU OF COMMUNITY SERVICES-CRIME VICTIM'S SERVICES

COMMISSION

GENERAL RULES

(By authority conferred on the crime victims compensation board by section 3 of

1976 PA 223, MCL 18.353.)

R 18.351 Definitions.

Rule 1. (1) As used in these rules:

(a) "Accomplice" means any person who knowingly aids or assists another person

in the commission of a crime, either before, during, or after the crime.

(b) "Act" means 1976 PA 223, MCL 18.351 to 18.368.

(c) "Civil infraction" has the meaning prescribed by section 6a of 1949 PA 300,

MCL 257.6

(d) "Closed session" means a meeting or part of a meeting of the commission that is

closed to the public in order to protect certain rights of confidentiality.

(e) "Crime" means an act or omission forbidden by law that is not designated as a

civil infraction and that is punishable, upon conviction, by imprisonment, a fine that is

not a civil fine, or other penal discipline.

(f) "Criminally responsible" means legally accountable or legally answerable for a

crime.

(g) "Household" means persons who dwell together as a family under 1 roof and

who are related by blood, marriage, or judicial decree.

(h) "Intimate personal privacy" means matters dealing with the mental or physical

health of a person or the details or a crime involving sexual assault in any degree.

(i) "Legally incapacitated person" means a person, other than a minor, for whom a

guardian has been appointed by a court.

(j) "Meeting" means the convening of the commission at which a majority of the

board are present for the purpose of deliberating toward or rendering a decision on a

public policy.

(k) "Minor" means a person who is less than 18 years of age.

(l) "Other services necessary" means recognized medical treatment, convalescent

aids, supplies, and other equipment needed by the victim because of physical incapacity

sustained as a direct result of the crime.

(m) "Peace officer" means an employee of this state, or any political subdivision of

this state thereof, who is employed as a police officer, sheriff, firefighter, conservation

officer, or similar officer exercising powers of a police officer.

(n) "Resident" means a person who is living in this state when the crime occurs.

Resident does not include a person who resides in another state or foreign country and

who is temporarily in this state for business, recreation, or personal matters.

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(o) "Unreimbursed and unreimbursable expenses" means expenses for which the

claimant has no means of payment other than the claimant's assets or through an award of

the commission.

(p) "Writing" means any of the following:

(i) Handwriting.

(ii) Typewriting.

(iii) Printing.

(iv) Photostating.

(v) Photographing.

(vi) Photocopying.

(vii) Any other means of recording, including the recording of letters, words,

pictures, sounds, symbols, or any combination thereof.

(viii) Maps.

(ix) Papers.

(x) Magnetic or punched cards.

(xi) Discs.

(xii) Drums.

(xiii) Any other means of recording or retaining meaningful contents.

(2) Terms defined in the act have the same meanings when used in these rules.

History: 1983 AACS; 2013 AACS; 2015 AACS; 2018 AACS.

R 18.352 Attorney fees.

Rule 2. (1) Attorney fees shall only be paid when the board makes an award to

the claimant for medical expenses that the claimant has paid or for loss of earnings or

loss of support, or both, payable to the claimant. The attorney shall not receive from the

claimant or any other source an attorney fee attributable, in whole or part, to that

portion of an award paid to medical providers.

(2) When a board member decides a claim in favor of a claimant and the claimant

does not appeal to the full board, the attorney fee awarded by the board member shall

not exceed 15% of the amount awarded to the claimant and is payable from the

award.

(3) When the full board decides a claim totally or partially in favor of a claimant

and judicial review is not sought within 30 days of the board decision, the attorney

fee awarded by the board shall not exceed 15% of the amount awarded to the

claimant and is payable from the award.

(4) In cases involving judicial review, where the claimant prevailed in whole or in

part, the board, upon conclusion of any further review of the claim, shall determine and

allow attorney fees pursuant to a fee request which is duly submitted or which has

been agreed upon with the attorney of record. For purposes of this subrule only, the

attorney fee shall not exceed 25% of the amount awarded to the claimant.

(5) An attorney shall not charge, demand, receive, or collect any fee for services

rendered in connection with any claim or appeal or in conjunction with review

before the board or judicial review, except as allowed under this rule. However, an

attorney may agree to accept a lesser attorney fee than is allowed by this rule and may

agree to waive or not accept any attorney fee.

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(6) In the event of subrogation under section 14 of the act, if private counsel is

involved, the chair or board may agree to reimburse attorney fees up to 15% of the

amount paid to the board by the victim or claimant.However, for good cause shown, the

board may elect to waive the limitation on attorney fees imposed by subrule (1) of this

rule.

(7) If the board or a member of the board determines that the claimant will not

suffer serious financial hardship, then attorney fees shall not be awarded.

History: 1983 AACS.

R 18.353 Application for compensation.

Rule 3. An application for compensation shall be made on a form provided by the

board. A copy of these rules shall be provided to any applicant upon request.

History: 1983 AACS.

18.354 Claim filing time.

Rule 4. (1) A claim is subject to the time limits for filing that are set forth in section

5 of the act; however, if a claim is filed after the time limits in section 5 of the act, the

commission may presume that good cause to file a claim late exists unless contrary

evidence exists.

(2) Children of a victim born after the victim’s death are surviving children and are

eligible for an award.

(3) A child support order demonstrates eligibility for a support award when the

parent ordered to pay support was a victim of a crime who died as a direct result of the

crime.

History: 1983 AACS; 2013 AACS; 2018 AACS.

R 18.355 Claimant cooperation with law enforcement agency and board

required; claimant to bear burden of proof of authenticity and eligibility of claim.

Rule 5. (1) To receive an award, a claimant shall cooperate with the law

enforcement agency investigating the crime giving rise to the claim and with the

investigators, agents, and representatives of the commission. If a claimant refuses to

cooperate, the commission may deny the claim or reduce the size of any award.

(2) The final burden of proof of the authenticity and eligibility of a claim, or any

part of a claim, rests with the claimant. When an award cannot be made because the law

enforcement agency, medical providers, or employer cannot verify the claim, the

claimant shall be given written notice of the particular deficiencies of verification. The

information requested by the commission as necessary to verify the claim shall be

supplied by the claimant. If the claimant does not comply within a reasonable period of

time, the claim shall be denied in whole or in part as appropriate.

(3) Health Care providers cannot bill a sexual assault victim for any portion of a

Sexual Assault Forensic Examination (SAFE).

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(4) A Peace Officer is one who sustains a personal physical injury, which means

bodily harm as a result of an assault in the course of employment.

History: 1983 AACS; 2013 AACS.

R 18.356 Nonreimbursable loss, damage, theft, and detriment.

Rule 6. (1) Loss of, damage to, or theft of, personal property is not eligible for

reimbursement.

(2) Noneconomic detriment in the form of pain, suffering, inconvenience, physical

impairment, or other nonpecuniary damage is not eligible for reimbursement.

History: 1983 AACS.

R 18.357 Claims resulting from operation of motor vehicle prohibited;

exception.

Rule 7. A claim resulting from the operation of a motor vehicle shall not be

awarded, except when the claimed injuries are the result of a crime and not a civil

infraction under state law. In appropriate circumstances, the board will refer the

claimant to the department of state assigned claims plan.

History: 1983 AACS.

R 18.358 Payment limitations.

Rule 8. (1) When an award is ordered for funeral expenses, including burial

expenses, the commission shall pay a burial benefit of not more than $2,000 for each

victim for the date of injury on or before December 15, 2010 and not more than the

amount set forth in section 11 of the act for each victim for the date of injury on or after

December 16, 2010.

(2) Expenses for flowers, gravestones, catering services, or other personal and

family accommodations not directly related to the funeral service and disposition of the

body will not be considered.

(3) When the commission awards funeral expenses, which in the absence of

commission payment, would be receivable from other public funds, the amount awarded

shall not exceed the amount normally paid by the other sources.

(4) The commission shall not award more than the amount set forth in section 11 of

the act for grief counseling for homicide victim’s spouse, children, parents, siblings,

grandparents, and grandchildren.

(5) The commission shall not award more than the amount set forth in section 11 of

the act for crime scene clean-up services as allowed under the act.

History: 1983 AACS; 2013 AACS.

R 18.359 Travel costs.

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Rule 9. (1) The costs of transporting the victim's body will be included in the burial

benefit under R 18.358. Travel costs for family members will not be considered.

(2) Personal injury victims may be reimbursed for travel costs to and from a

particular health care facility where a specific treatment or care unavailable locally is

rendered. The board will consider all pertinent medical information in making its

decision.

History: 1983 AACS.

R 18.360 Lost earnings award; permanent disability.

Rule 10. When a protracted award is ordered for lost earnings and subsequent

medical reports indicate permanent disability, the board shall require the claimant to

file with the social security administration for disability benefits. All claimants

receiving compensation for lost earnings shall be required to make the application

within 1 year from the date of the crime which gave rise to the claim.

History: 1983 AACS.

R 18.361 Serious financial hardship determination.

Rule 11. (1) In determining serious financial hardship under section 11 (7) of the act,

the commission shall consider all of the financial resources of the claimant.

(2) In all cases, the commission shall render a decision which will, as nearly as

practicable, permit the claimant or family to maintain a reasonable standard of living.

Where out-of-pocket expenses or loss of earnings or support significantly lower this

standard of living, the commission may consider this serious financial hardship.

History: 1983 AACS; 2013 AACS.

R 18.362 Award; manner of payment; verification of treatment; claim file.

Rule 12. (1) An award shall be paid in a lump sum, except for direct payments

to medical care and other providers of services and for periodic payments to

compensate for out-of-pocket expenses or loss of earnings or support where protracted

disability has occurred.

(2) Upon submittal of additional out-of-pocket expenses or lost earnings, the

board shall verify that treatment for the injuries has been rendered to the victim within

the preceding 12-month period. If such verification cannot be made, the board

may deny further awards for compensation.

(3) The board shall retain a complete claim file for a period of 4 years following

the final disposition of the claims.

History: 1983 AACS.

R 18.363 Board meetings.

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Rule 13. (1) All meetings of the board shall be open to the public, except as

otherwise provided by Act No. 267 of the Public Acts of 1976, as amended, being

S15.261 et seq. of the Michigan Compiled Laws.

(2) All writings prepared or used by, or in the possession of, the board shall be

available for public inspection, except as otherwise provided by law or these rules.

(3) The first 15 minutes of the new business portion of each board meeting

open to the public shall be reserved for public comment. A member of the public

wishing to address the board shall be allotted a 3-minute time period. This time period

may, in the discretion of the board chair, be increased. When it appears to the chair

that there are more than 5 members of the public who wish to address the board,

the chair has discretion either to increase the original 15-minute period of public

comment or set aside additional time for public comment as the last item of business

during the open portion of the meeting.

History: 1983 AACS.

R 18.364 Closed session of board; request; documents exempt from

disclosure.

Rule 14. (1) A claimant who wishes to have matters of intimate personal privacy

considered in a closed session of the board shall request a closed session, in writing, not

less than 10 days prior to the scheduled date of the meeting of the board where the

claim shall be considered. The 10-day requirement may be waived at the discretion of

the board for good cause.

(2) All documents referred to by the board during the course of a closed session

shall be considered part of the minutes of the closed session and are exempt from

disclosure as provided by Act No. 442 of the Public Acts of 1976, as amended, being

S15.231 et seq. of the Michigan Compiled Laws.

(3) When the board, in the course of its deliberations, is required to utilize or

refer to documents which are exempt from disclosure by law or these rules, the chair

shall announce in the preceding open portion of the meeting that the consideration of

material which is exempt from discussion or disclosure by law or by these rules is

required. The board shall then take a roll call vote on the question of closing the

session. Upon the recording of a 2/3 vote of the board to close the session, the board

shall go into closed session to discuss and consider the material.

History: 1983 AACS.

R 18.365 Appeals; application for full board review of claim or evidentiary

hearing.

Rule 15. (1) When a board member to whom a claim is assigned is unable to

decide a claim in favor of the claimant or denies the claim in whole or in part, the

claimant shall be advised in writing, of the right to full board review of the claim or an

evidentiary hearing before the full board at the option of the claimant.

(2) Within 30 days after receipt of the report of the decision of the board

member, a claimant, a claimant's attorney, or a board member may make an application,

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in writing, to the board at its Lansing office for consideration of the decision by

the full board or an evidentiary hearing, if desired. The secretary of the board shall

notify the claimant, the claimant's attorney, or the board member requesting the

appeal of the date, time, and place when the appeal will be considered.

Additional information which the claimant desires the board to consider shall be

submitted to the board in Lansing not less than 10 days prior to such hearing.

History: 1983 AACS; 2015 AACS.

R 18.366 Conduct of hearing.

Rule 16. (1) Where full board review, but not an evidentiary hearing, is requested,

the board shall review the record and any additional information in support of the

appeal.

(2) If an evidentiary hearing is requested, one shall be held and the board shall

do the following:

(a) Hold a hearing.

(b) Administer oaths or affirmations.

(c) Examine any person under oath or affirmation.

(d) Issue subpoenas requiring the attendance and testimony of witnesses and the

production of books, papers, documents and other evidence.

(e) Review the record and any additional material in support of the claim.

(3) The board, in its discretion, for good cause shown, may consider additional

information submitted at the hearing.

History: 1983 AACS.

R 18.367 Report and final decision of the board; judicial review.

Rule 17. (1) After reviewing the claimant's file and record evidence, a proposed

final decision containing written findings of fact setting forth the basis for decision

shall be prepared by the chair. If the proposed final decision of the board varies from

the report of the board member, the proposed final decision shall set forth reasons for

such variance.

(2) The proposed decision, with any amendments thereto, shall become the final

decision of the board, for purposes of judicial review, on the date the chair of the board

signs and dates such decision, if at least 1 other board member has also signed the final

decision.

(3) The board shall immediately file its final decision with the secretary of the

board. The secretary shall, within 15 days after such filing, notify the claimant of the

final decision of the board and furnish a copy of the decision. Such notification shall

advise the claimant of the statutory 30-day period after receipt of the board's final

decision for filing a petition in the court of appeals for leave to appeal and review the

board's decision.

History: 1983 AACS.

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