Section 18.355. Claimant cooperation with law enforcement agency and board required; claimant to bear burden of proof of authenticity and eligibility of claim.

(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).

(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.