New Hampshire Administrative Code

"Physician" means a doctor of medicine or a doctor of osteopathy who holds a current license to practice issued by the New Hampshire board of medicine pursuant to RSA 329, or an analogous license issued by another state, province, or country. Notes N.H. Admin. Code § Jus 602.24 #…

"Primary Victim" means the person who suffered personal injury or death as a direct result of an eligible crime. Notes N.H. Admin. Code § Jus 602.25 #9553, eff 9-25-09 Renumbered by 602.22 Volume XL Number 2, Filed January 9, 2020, Proposed by #12938, Effective 12/9/2019, Expires…

"Reconsideration" means to ask the commission to review its decision in light of newly discovered evidence or to consider a point of law or fact that the commission misapprehended or overlooked. Notes N.H. Admin. Code § Jus 602.26 #9553, eff 9-25-09 Amended by Volume XL Number 2,…

"Related Victim" means an immediate family member who suffered a loss as a result of an eligible crime. Notes N.H. Admin. Code § Jus 602.27 #9553, eff 9-25-09 Renumbered by 602.23 Volume XL Number 2, Filed January 9, 2020, Proposed by #12938, Effective 12/9/2019, Expires 12/9/202…

for the purposes of this chapter, means moving from one residence to another due to a concern for the safety of a victim as result of an eligible crime. Notes N.H. Admin. Code § Jus 602.28 #9553, eff 9-25-09 Renumbered by 602.24 Volume XL Number 2, Filed January 9, 2020, Proposed…

"Spouse" means a husband or wife or either party in a civil union. Notes N.H. Admin. Code § Jus 602.29 Renumbered by 602.25 Volume XL Number 2, Filed January 9, 2020, Proposed by #12938, Effective 12/9/2019, Expires 12/9/2029.

"Staff" means the department of justice employees in the unit who provide administrative support to the commission and assist claimants with their claims for compensation under Jus 600. Notes N.H. Admin. Code § Jus 602.30 Renumbered by 602.26 Volume XL Number 2, Filed January 9, …

"Unit" means the victims' compensation unit, an organizational entity that has been established within the New Hampshire department of justice for the purpose of providing administrative support to the commission and assisting claimants with their claims for compensation under Ju…

"Victim" means: (a) Any person who suffered personal injury or death as a direct result of an eligible crime occurring in either:(1) New Hampshire; or (2) Any other state or jurisdiction that does not have a crime compensation program meeting the requirements of 34 U.S.C. 20102(b…

This program has been created and designed to help eligible victims of eligible crimes with the expenses that have been incurred as a direct result of the crime by acting as a payer of last resort, subject to available funding. The primary goal of the program is to provide eligib…

(a) Pursuant to RSA 21-M:8-g, I, the commission shall review claims from victims for compensation pursuant to RSA 21-M:8-h, II, and award compensation from the fund. (b) All members of the commission shall have education, experience, or both, that will assist the commission in de…

(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 un…

(a) Each claimant seeking compensation from the fund shall complete and submit a "New Hampshire Victim's Compensation Program Application Form," revised 8/23/19 and available from the unit. (b) In addition to submitting the "New Hampshire Victims' Compensation Program Form," the …

(a) Upon receipt of a complete "New Hampshire Victims' Compensation Program Application Form" by the unit, it shall send an "Acknowledgment of Receipt of Claim and Request for More Information letter" to acknowledge the receipt of the claim and shall identify any specific types o…

(a) Each claimant seeking compensation from the fund shall, if the underlying crime is a vehicular crime, complete and submit a "Vehicular Crimes Insurance Form," revised 8/23/2019 and available from the unit. (b) In addition, each claimant shall provide the following: (1) A copy…

(a) The "Law Enforcement Authority Verification Form," revised 8/23/2019, and related police reports shall be used for the intended purpose only, which shall be to verify victim and victimization information to the New Hampshire victims' compensation program. The form and reports…

(a) If a claimant seeks compensation for lost wages, the victims' assistance unit shall request that the victim's employer complete and submit a "Verification of Employment and Lost Wages Form," revised 8/23/2019. (b) In addition to the form, the victim's employer shall provide t…

(a) If a claimant seeks compensation for medical expenses, the victim or victim's parent or guardian shall complete and submit a HIPAA- compliant hospital and/or medical release. Upon receipt of the HIPAA- compliant release form the unit shall request that each provider complete …

If a claimant seeks compensation for hospital expenses, the victim or victim's parent or guardian shall complete and submit a HIPAA- compliant hospital and/or medical release. Upon receipt of the HIPAA- compliant release form the unit shall request that each provider complete and…

(a) If a claimant seeks compensation for mental health expenses, the victim or victim's parent or guardian shall complete and submit a HIPAA compliant hospital and/or medical release. Upon receipt of the HIPAA compliant release form, the unit shall request that each provider comp…

If a claimant seeks compensation for funeral/burial expenses, the victims' assistance unit shall request from each person who provided services for which compensation is sought that they complete and submit a "Verification of Funeral/Burial Expenses Form," as revised 8/23/19. In …

If the unit has not received the additional information and documents requested within 3 months after sending the "Acknowledgment of Receipt of Claim and Request for More Information Form," or by the date specified in an extension granted pursuant to Jus 603.03(i), it shall send …

If a claimant seeks compensation for relocation assistance, the crisis center advocate assisting the victim shall complete and submit the "New Hampshire Victims' Compensation Program Safety Plan Form," as revised 8/23/19. Notes N.H. Admin. Code § Jus 604.11 Derived from Volume XL…

(a) A claimant crisis center submitting a request for compensation for compensation of 10-day emergency funds shall complete and submit a "10-Day Emergency Funds Compensation Form," as revised 6/25/19 along with any of the following documentation to support its claim for eligibil…

(a) A claim shall be brought only by the following:(1) A primary victim; (2) A related victim regardless of whether the primary victim had expenses or liabilities totaling at least $100; (3) A person designated in writing by an adult or emancipated minor primary victim or a court…

If any one or more of the following are true, the commission shall deny the claim for compensation in its entirety: (a) The crime occurred before 11/2/1989, and the victim was neither a minor nor a victim of sexual assault; (b) The primary victim did not suffer personal injury or…

(a) The commission shall award compensation for medical expenses if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies. (b) A claimant submitting a request for compensation…

(a) The commission shall consider and evaluate requests for compensation for mental health expenses if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies. (b) A claimant su…

(a) The commission shall award compensation for lost wages, whether the claimant is self-employed or employed by another, if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 appl…

(a) The commission shall award compensation for the loss of support from a primary victim if: (1) Such primary victim suffers partial or total disability or death as a direct result of the crime; (2) The underlying facts of the claim meet the requirements of Jus 605.01; and (3) N…

(a) The commission shall award compensation for relocation expenses, if: (1) The offender poses a continuing credible threat to the safety of the claimant; (2) There is either: a.A police report and a temporary restraining order or other court order have been issued against the c…

(a) The commission shall award compensation for payment of funeral and grave marker expenses incurred as a result of a homicide if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.0…

(a) Notwithstanding the provisions of Jus 605.01 relative to who may bring a claim for compensation, the commission shall award compensation to a crisis center for payment of 10-day emergency funds by the crisis center to a victim of domestic violence or sexual assault provided t…

(a) The commission shall award safety and security expenses incurred as a result of an eligible crime if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies. (b) A claimant …

(a) A $500 cap for mileage reimbursement for travel to crime-related interviews, pre-trial, trial, sentencing, hearings for securing protective orders and parole. (b) Mileage reimbursement shall be at the fee for service Medicaid rate. (c) Mileage reimbursement shall include tran…

(a) Seeking to recover damages through instituting a civil suit shall neither be required of claimants nor shall it be a bar to an award of compensation from the fund under Jus 600. (b) As a condition for applying for and accepting any award of compensation from the fund under Ju…

(a) Pursuant to RSA 21-M:8-c, a person who claims to be a victim of a felonious sexual assault who is examined by a physician or hospital for the purpose of treatment, gathering information or evidence shall not be charged for such services or examination that relate to the sexua…

(a) The members of the commission shall, after polling its members, make a recommendation to the attorney general as to its preference for commission chair. (b) The attorney general shall consider the recommendation of the commission and designate one member of the commission who…

The commission shall, if a quorum is available, meet monthly or at the call of the chair. Notes N.H. Admin. Code § Jus 606.02 #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.

Commission members shall attend each regular and special meeting of the commission or shall contact commission staff at least 24 hours prior to a meeting the member will be unable to attend. Notes N.H. Admin. Code § Jus 606.03 #9553, eff 9-25-09 Amended by Volume XL Number 2, Fil…

(a) No business of the commission shall be conducted unless a quorum is present. (b) For purposes of a commission meeting, a quorum shall require the presence of at least 3 commission members. Such presence can be physical or electronic, but if electronic, all other commission me…

(a) Notice of commission meetings shall be posted at least in the following sites and at the locations where notices typically are posted at the: (1) Department's public reception area; (2) State house in the elevators and on the public notice bulletin board next to the cafeteria…

All decisions of the commission shall be final except as provided in Jus 606.07. Notes N.H. Admin. Code § Jus 606.06 #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.

(a) Any victim or claimant who is adversely affected by a decision of the commission may submit a written request for reconsideration pursuant to Jus 603.03(m)-(q) or a notice of appeal pursuant to Jus 603.03(r) and (s). (b) Each petition for reconsideration or notice of appeal s…

If sufficient funds are not appropriated or otherwise made available to support payment or reimbursement for claims filed under the program in any fiscal year, the department shall not be liable to the claimant for such payment or reimbursement. Notes N.H. Admin. Code § Jus 607.0…

The purpose of this chapter is to provide model rules of practice and procedure for adjudicative proceedings conducted by agencies that have not adopted effective rules governing the conduct of administrative hearings. The provisions of these rules are intended to supplement the …

(a) The rules in this chapter shall apply to any adjudicative proceeding conducted by an agency that has not adopted rules for adjudicative proceedings. (b) The rules in this chapter shall also apply to an adjudicative proceeding conducted by an agency that has adopted rules gove…