15B-10. Awarding claims.
(a) The Director shall decide the award of compensation for an initial claim or follow-up claim when the claim does not exceed twelve thousand five hundred dollars ($12,500) and does not include future economic loss. The Director shall report all awards under this subsection to the Commission.
(b) The Director shall recommend the award of compensation for an initial claim or follow-up claim when the claim exceeds twelve thousand five hundred dollars ($12,500) or involves future economic loss. The Commission shall decide the award of compensation for a claim based on a review of written evidence submitted to the Commission by the Director.
(c) In reporting a decision under subsection (a) or recommending a decision under subsection (b), the Director shall submit to the Commission documentation to establish the economic loss of the claimant by substantial evidence.
(d) The Director shall send each claimant a written statement of a decision made under subsection (a) or (b) that gives the reasons for the decision. A claimant who is dissatisfied with a decision may commence a contested case under Article 3 of Chapter 150B of the General Statutes. (1983, c. 832, s. 1; 1987, c. 819, s. 16; 1991, c. 301, s. 1; 1999-269, s. 2; 2004-159, s. 1; 2009-354, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15B - Victims Compensation
Article 1 - Crime Victims Compensation Act.
§ 15B-3 - Crime Victims Compensation Commission.
§ 15B-4 - Award of compensation.
§ 15B-5 - Attorney General to represent State.
§ 15B-6 - Powers of the Commission and Director.
§ 15B-7 - Filing of application for compensation award; contents.
§ 15B-8 - Procedure for filing application.
§ 15B-8.1 - Privilege and records of the Commission.
§ 15B-11 - Grounds for denial of claim or reduction of award.
§ 15B-12 - Evidence in contested cases.
§ 15B-14 - Effect of prosecution or conviction of offender.
§ 15B-15 - Clerks of court to be notified.
§ 15B-16 - Manner of payment; non-assignability and exemptions.
§ 15B-17 - Award not subject to taxation or execution.
§ 15B-18 - Subrogation by State.
§ 15B-19 - Subrogation by collateral sources prohibited.
§ 15B-23 - Crime Victims Compensation Fund.
§ 15B-24 - Requiring defendant to pay restitution encouraged.