North Carolina § 15B-10 - Awarding claims.

§ 15B-10. Awarding claims.

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. 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. 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. 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. History (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.) Effect of Amendments. - Session Laws 2009-354, s. 3, effective July 27, 2009, substituted "twelve thousand five hundred dollars ($12,500)" for "seven thousand five hundred dollars ($7,500)" in the first sentence of subsections (a) and (b). Opinions of Attorney General Nontraffic Misdemeanors and Contributory Misconduct. - In all cases of nontraffic misdemeanors and contributory misconduct the final decision to award or deny a claim must be made by the Crime Victims Compensation Commission even if the amount of the claim is less than $ 7,500.00; the director of the commission recommends denial or award of such claims, and the commission decides. See opinion of Attorney General to Mr. A. A. Adams, Chairman, North Carolina Victims Compensation Commission, 2000 N.C. AG LEXIS 30 (4/5/2000).