Section 61.9.36. Appeal of compensation decisions.

An applicant shall be informed in writing of the basis for the denial of eligibility or the amount of an award.

       9.36(1) Applicant appeal. An applicant may appeal a compensation decision as follows:

        a.           Appeal to director. An applicant aggrieved by a denial decision or the amount of compensation awarded by the program may appeal to the director.

        b.           Appeal to board. An applicant may appeal the director’s decision to the board.

        c.           Appeal to district court. An applicant who disagrees with the decision of the board has the right to appeal to the district court for judicial review within 30 days of receipt of the board’s decision.

       9.36(2) Director appeal period. An applicant shall submit to the director a written request for reconsideration within 30 days of the date the notice of the crime victim compensation program decision is mailed or otherwise issued by the division. Any request for reconsideration postmarked within the prescribed time period shall be considered timely filed by the division. Barring any unusual circumstances, within 30 days of the receipt of the request for reconsideration, the director shall issue a decision.

       9.36(3) Board appeal period. An applicant may file with the board a request for consideration of the director’s decision. This written request for consideration by the board shall be submitted within 30 days of the date the notice of the director’s decision is mailed or otherwise issued by the director. Any request for review postmarked within the prescribed time period shall be considered timely filed by the division. Barring any unusual circumstances, within 90 days of the receipt of the request, the board, or a committee designated by the chair of not fewer than five members of the board, shall issue a decision.

       9.36(4) District court appeal period. An applicant shall submit a petition for judicial review to the district court within 30 days of the receipt of the notice of the board’s decision.