These regulations establish procedures for the operation of the Criminal Injuries Compensation Board, which provides financial assistance to innocent victims of violent crime or their dependents who suffer a financial loss as a result of a crime. In this chapter, the following terms have the meanings indicated. Terms Defined. “Board”, which includes board member, has the meaning stated in Criminal Procedure Article, §11-801, Annotated Code of Maryland. Claimant. “Claimant” has the meaning stated in Criminal Procedure Article, §11-801, Annotated Code of Maryland. “Claimant” may be: A victim; A dependent as defined under Criminal Procedure Article, §11-801, Annotated Code of Maryland; An eligible person under Criminal Procedure Article, §11-808, Annotated Code of Maryland; An individual, other than an attorney licensed to practice law in Maryland, representing a victim, dependent, or eligible person; A guardian of a minor; or An attorney acting in the capacity as a fiduciary, guardian, guardian ad litem,or personal representative of a decedent. “Crime” has the meaning stated in Criminal Procedure Article, §11-801, Annotated Code of Maryland. “Emergency award” means an advance payment granted by the Board to address immediate hardships experienced as a result of the crime for which a claim has been filed. “Fiduciary” has the meaning stated in Estates and Trusts Article, §15-102, Annotated Code of Maryland. “Secretary” means the Secretary of Public Safety and Correctional Services. “Victim” has the meaning stated in Criminal Procedure Article, §11-801, Annotated Code of Maryland. The Board consists of five members appointed by the Secretary, with the approval of the Governor, and with the advice and consent of the Senate. The Secretary, with the approval of the Governor, shall designate one member of the Board as chairman to serve at the pleasure of the Secretary. One of the Board members required under §A of this regulation shall be a family member of a homicide victim. Filing a Claim. If the claimant chooses to be represented by an attorney, the claimant's attorney shall follow procedures under Regulation .10 of this chapter. The claimant shall file a claim: In person or by regular mail; On a form or in a format approved by the Board; and Providing signed authorization for a subrogation agreement with the Criminal Injuries Compensation Board. A claim may be filed by: A person eligible to receive an award under Criminal Procedure Article, §11-808, Annotated Code of Maryland; If the eligible person under §A(3)(a) of this regulation is younger than 18 years old, the eligible person's parent or guardian; or If the eligible person under §A(3)(a) of this regulation is mentally incompetent or physically unable to file the claim, the eligible person's guardian or other individual authorized to administer the eligible person's affairs. Except as stated in §A(4)(b) of this regulation, a claimant shall file a claim: Within 3 years of the date of the crime upon which the claim is based; or In the case of child abuse: Up to the date that the child who was the subject of the abuse is 25 years old; or At any time after the occurrence of the child abuse, if, after considering the claim, the Board determines that good cause existed justifying not filing a claim before the child who was subject to the abuse is 25 years old. Examining a Claim. Upon receipt of a claim application, the Board shall assign an examiner to verify the eligibility of the claim by reviewing: The victim’s or claimant’s statement: Reports made to a law enforcement agency or other appropriate authority; Court documents; Medical reports, if warranted by the examination; Medical bills; Funeral expenses; Employment verification; State or federal tax returns; and Documentation regarding receipt of benefits from other sources. If the claimant does not cooperate in an examination under §B(1) of this regulation or provide information requested by the Board, the Board may deny the claim. At the request of a claimant the Board may re-open a claim previously denied under §B(2) of this regulation based on good cause. If an issue of fact still exists after an examination is complete, the examiner shall: Prepare a written memorandum summarizing the information obtained during the examination; and Forward the memorandum to the designated supervisor. A supervisor receiving a memorandum under §B(4)(b) of this regulation shall: Ensure that the information in the memorandum is adequate for the Board to make a decision; Ensure that the information in the memorandum is correct; Forward the claim and memorandum to the Board for a decision; and If requested by the claimant, forward a copy of the memorandum to the claimant. Upon receipt of a claim under §B(5)(c) of this regulation, the Board shall: Coordinate subsequent processing activity; Make recommendations on further examination; Upon concurrence on a recommendation by a minimum of three members of the Board, prepare a written report that: Delineates the decision; Summarizes the rationale used to reach the decision; Indicates that a response to a decision shall be received by the Board within 15 days of receipt of the report by the claimant, or the claimant's attorney; and Provides information required under State Government Article, §§10-207 and 10-208, Annotated Code of Maryland, concerning a lack of response, challenges to the decision, or additional information requested; and Send a copy of the report to the claimant at the address contained in the claim application. If the decision is challenged by the claimant the Board shall conduct a hearing. If a hearing is requested, the Board shall arrange for the hearing. After the Board has made a decision, the Board shall forward the decision to the Secretary, or a designee, who shall: Do one of the following: Affirm the Board's decision; Order modification to the Board's decision; or Reverse the Board’s decision; and Advise the Board of the final disposition. Upon receipt of the Secretary’s decision under §B(9) of this regulation, the Board shall advise the claimant, in writing: Of the final decision; Of the right to judicial review of the final decision under §B(10)(a) of this regulation to the circuit court, under State Government Article, §§10-222 and 10-223, Annotated Code of Maryland; That a request for judicial review under §B(10)(b) of this regulation shall be initiated within 30 days of the final decision; and How to request judicial review under §B(10)(b) of this regulation, providing: Instructions; and The appropriate form. The Secretary's or a designee's decision under §B(9) of this regulation is final as prescribed under Criminal Procedure Article, §11-814, Annotated Code of Maryland. If a claimant does not provide information requested by the Board by the date established by the Board, the Board may: Issue a show cause order of dismissal that is signed by: At least one member of the Board; and The Executive Director; and Mail a copy of the show cause order to the claimant at the address contained in the claim application. The show cause order of dismissal shall indicate a date by which the claimant shall provide: The information requested; or Evidence supporting good cause why the requested information is not provided. If the claimant does not respond to the show cause order under §B of this regulation, the Board may administratively close the claim. If the requested information is received by the Board after the date specified in the show cause order, the Board may reopen the claim if the Board determines that the claimant has shown good cause for the delay in providing the information. The Board shall grant awards under Criminal Procedure Article, §11-810, Annotated Code of Maryland. The Board shall determine the amount and duration of an award subject to procedures and limitations under Criminal Procedure Article, §§11-811 and 11-812, Annotated Code of Maryland. Emergency Awards. The Board may grant an emergency award before a final decision is made if the Board determines that: An award in the case is likely to be made; and The claimant is likely to suffer undue hardship unless immediate payment is made. For the Board to consider an emergency award, the claimant shall: Make a request for an emergency award at the time the claim is filed or anytime thereafter; Provide details supporting the reason for the request for an emergency award; and Ensure that the Board receives a copy of the police report documenting the crime for which the claim is being filed. If the Board grants a request for an emergency award, the amount of the emergency award: May not exceed $2,000 per claim; and Shall be deducted from the final award made for the same claim. If the amount of the emergency award granted under §C(1) of this regulation exceeds the amount of the final award for the same claim, the claimant shall repay the Board an amount determined by the Board, subject to Criminal Procedure Article, §11-813, Annotated Code of Maryland. The Board may require that all or part of an emergency award be paid to a third party, including, but not limited to, a service provider, protective payee, or trustee. Supplemental Awards. After the Board grants a final award, the claimant may request that the Board reopen the claim to consider additional compensation for unreimbursed losses directly related to the same crime. The process for granting a supplemental award is the same as that established for filing a claim under Regulation .04 of this chapter. An award made for disability or dependency may be paid over a protracted period on a monthly basis. Except as provided under Criminal Procedure Article, §11-811(a)(3), Annotated Code of Maryland, an award for disability or dependency is based upon a victim’s average weekly wage, excluding overtime wages, at the time of the crime, and the Board shall calculate the award based on the following: Multiply the maximum weekly payment by 52 and divide the result by 12; and Subtract from the amount determined under §B(1) of this regulation the amount of benefits received from other sources for injuries resulting from the crime on which the claim is based, disregarding subtractions based on increases: In the victim’s other sources of income received or to be received under Criminal Procedure Article, §11-811(c), Annotated Code of Maryland; In other benefits; or In the Consumer Price Index. The amount of an award may not exceed limits for awards established under this chapter or by law. Partial Payment. A claimant may request a partial payment from a protracted award if the payment is needed for the living or business needs of the claimant. A claimant requesting a partial payment shall: Make the request in writing to the Board; and Provide the reason for and evidence to support the claimant's need for a partial payment. The Board shall: Determine the amount of a partial payment; and Deduct the amount of the partial payment from the balance of any remaining payment. Request for Hearing. The Board may schedule a hearing if: The Board is unable to arrive at a decision based on the examination and memorandum; or There is a dispute of a fact uncovered in the Board’s examination. The claimant may request a hearing if dissatisfied with the Board’s proposed findings of fact, conclusions of law, or orders. The claimant shall: Initiate the request for a hearing within 15 days of receiving the written notice of the Board's decision; Make the request for a hearing in writing; and Provide information which the claimant considers appropriate to justify a hearing. Notice of Hearing. If the Board schedules a hearing, the Board shall: Notify, in writing, all persons involved in the claim of the decision to conduct a hearing; Include in the notification the time, place, and purpose of the hearing; and Make notification to the claimant by U.S. mail not less than 30 days before the date of the hearing, unless the notice is waived by the claimant. Notice shall be in accordance with State Government Article, §10-218 Annotated Code of Maryland. Conduct of Hearings. Hearings are conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. A claimant has the burden of proof and shall be: Present at the hearing, unless the Board, based on good cause, approves alternative arrangements; and Provided with a reasonable opportunity to: Present witnesses; Testify; Cross-examine witnesses; File briefs; or Obtain statements or depositions. Testimony relating to wages, income, other sources of revenue, and dependency shall be corroborated by supporting documents which may include: W-2 forms; Income tax returns; Child support agreements; and Other evidence considered relevant by the Board. The Board may accept hospital records and reports and physicians' reports as proof of the injury sustained without requiring the presence of the attending physician at the hearing. The Board may receive as evidence a statement, document, information, or matter that it finds relevant and which affords the parties a fair hearing. A hearing shall be conducted in an orderly manner to safeguard the rights of the parties. A person testifying: Shall testify under oath or by affirmation; and Is subject to penalties for perjury. The Board shall record the proceedings. The Board may question the claimant and witnesses. If a claimant fails to appear at the time and place of the scheduled hearing, the Board may: Dismiss the claim; or Reschedule the hearing. Hearings are open to the public except in the following instances: Prosecution against the alleged perpetrator of the crime is pending and no trial has been held; The welfare and interest of the victim or dependents may be adversely affected in violation of the right to be treated with dignity, respect, and sensitivity; Prosecution has resulted in an acquittal or a dismissal of the underlying criminal charges based on technical grounds; or Upon written request by the claimant submitted at least 5 days before the scheduled hearing. The Board may request further examination of the claim before making a decision. At the request of a claimant the Board may re-open a claim previously dismissed under §C(10)(a) of this regulation based on good cause. Subpoenas and Depositions. The Board may issue a subpoena and a subpoena duces tecum on its own motion or upon written request from the claimant. A request by the claimant shall be submitted not later than 20 days before the hearing and shall include: A statement explaining the necessity for the subpoena; The names and addresses of witnesses; and The location of documents or other evidence relating to the claim. The Board may waive the 20-day provision in §D(2) of this regulation. If a claimant requests the subpoena, the cost of service, witness, and mileage, at the Board’s discretion, is the responsibility of the claimant. If a claimant initiates judicial review under Criminal Procedure Article, §11-815, Annotated Code of Maryland, the Board shall furnish a transcript of the Board’s proceedings to the: Court; Attorney General; and Claimant at, except if otherwise provided, the claimant’s expense. An appeal from the Board is governed by State Government Article, Title 10, Annotated Code of Maryland. A claimant may elect to be represented before the Board at all stages of the proceeding by an attorney licensed to practice in Maryland. A claimant's attorney shall file a notice of appearance and, when appropriate, a notice of substitution, before, or at, the attorney's first appearance. The notice in §B of this regulation remains in effect until the: Claimant files, with the Board, a written revocation of the attorney's authority to represent the claimant; Claimant's attorney files, with the Board, a written statement withdrawing from the case; Attorney states on the record at a Board hearing the attorney's decision to withdraw from the case; or Board receives notice of the attorney's death or disqualification; and. Board accepts the circumstances and approves the action. Once a claimant’s attorney files a notice of appearance with the Board, the Board shall send all further communication concerning the claim to the attorney of record and consider service of official documents on the attorney of record as service on the claimant. Attorney Fees. The Board shall provide a fee petition form to the attorney of record along with a copy of the decision. The attorney shall itemize on the fee petition form the services provided and the time allocated for each. The hourly rate for an attorney’s services: Other than for attending a hearing, may not exceed $50; or For attending a hearing, may not exceed $65. The claimant shall sign the attorney's completed fee petition form. The Board has the final approval of an attorney's fees. Attorney's Costs. In addition to fees for the professional services of an attorney, the Board shall approve reimbursement for certain expenses incurred by the attorney which are above normal business expenses. The Board considers an attorney's normal business expenses to be: Regular postage; Non-toll telephone calls; Secretarial services; and Travel to attend a hearing, when the attorney's place of business is less than 20 miles from the location of the hearing. The Board shall consider costs for investigative services which may be reimbursed at a rate not to exceed $25 per hour. Notwithstanding other provisions, the Board may compensate an attorney for the total sum of attorney fees and expenses, an amount that does not exceed the total of 20 percent of the first $10,000 of an award, and 10 percent of the amount over $10,000. The calculations used in §E(7) of this regulation may not include parts of an award made for medical or funeral expenses. The Board may not authorize attorney fees or costs for claims when no monetary award is granted. The Board is not obligated to honor an agreement made independently between an attorney and a claimant to pay the attorney out of the claimant's award. The Board, at the Board’s expense, may require a medical or dental examination to verify the results of the claimant’s medical documentation. The Board shall: Designate a physician to conduct the examination; and Notify the claimant, or the claimant's attorney, of the: Physician selected to conduct the examination; and Date, time, and location for the examination. The physician shall: Conduct the examination as requested; and Submit a written report of the results of the examination to the Board. Unless good cause is demonstrated, the Board may deny compensation to a claimant who does not submit to the required medical or dental examination. The Board shall provide the claimant, or the claimant's attorney, with a copy of the physician's report. Other than for a claimant, review of the Board’s records is subject to the limitations of disclosures under the Public Information Act in General Provisions Article, Title 4, Annotated Code of Maryland. In any claim regarding a child, the Board shall: Securely maintain documents that contain the name or other information concerning a child or an individual incompetent by reason of mental incapacity to prevent disclosure of or access to the documents by an individual who is not authorized to have that information; and Disclose documents regarding children or individuals incompetent by reason of mental incapacity or information about them to persons who, by reason of participation in the proceeding, have reason to know such information. When submitting a record to a circuit court for judicial review, the Board shall submit parts of the record that are not open to public inspection under seal. Other than the last four digits, the Board may not disclose the following numbers, for public inspection: A Social Security number; An identification number issued by a unit of government, including: A driver’s license number; A State identification card number; or Another individual identification number; A passport number or other identification number issued by the United States government; An individual taxpayer identification number; and A financial or other account number, a credit card number, or a debit card number that, in combination with any required security code, access code, or password, would permit access to an individual’s account. Criminal Procedure Article, §11-805, Annotated Code of Maryland Effective date: July 21, 1972 Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064) Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983) Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483) Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945) Chapter revised effective January 1, 2007 (33:26 Md. R. 1997) Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634) Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)