(a) The Board may make an emergency award to the claimant before making a final decision in the case, if the Board determines, before taking action on the claim, that:
(1) an award likely will be made on the claim; and
(2) the claimant will suffer undue hardship unless immediate payment is made.
(b) (1) The amount of an emergency award under this section:
(i) may not exceed $5,000; and
(ii) shall be deducted from any final award made to the claimant.
(2) Except as provided in paragraph (3) of this subsection, a claimant shall repay the Board:
(i) the excess of the amount of the emergency award over any final award; or
(ii) if a final award is not made, all of the emergency award.
(3) On written request by a claimant, for a compelling reason the Board may waive the requirement that a claimant repay an emergency award under paragraph (2) of this subsection.
Structure Maryland Statutes
Title 11 - Victims and Witnesses
Subtitle 8 - Criminal Injuries Compensation Board
Section 11-802 - Legislative Policy
Section 11-803 - Executive Director's Designee
Section 11-804 - Criminal Injuries Compensation Board
Section 11-805 - Powers and Duties of Board
Section 11-806 - Records of Proceedings
Section 11-807 - Criminal Incident Report
Section 11-808 - Eligibility for Awards
Section 11-809 - Filing of Claims
Section 11-810 - Conditions for Awards on Claims
Section 11-811 - Amount of Award
Section 11-812 - Funding, Length, and Termination of Awards
Section 11-813 - Emergency Award Pending Final Decision
Section 11-814 - Board Decisions on Claims; Review by Executive Director
Section 11-815 - Applicability of Administrative Procedure Act; Hearing; Judicial Review
Section 11-816 - Payment of Award
Section 11-816.1 - Reimbursement for Forensic Examinations and Other Expenses