81-1820. Hearing officer; emergency award of compensation; when; conditions; review.

258 words·~1 min read·/ne/chapter-81/81-1820

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Prior to the hearing officer taking action on an application for compensation from the Victim's Compensation Fund, the applicant may request that a hearing officer make an emergency award of compensation to the applicant. If it appears to the hearing officer that the claim is one for which compensation is probable and undue hardship will result to the applicant if immediate payment is not made, the hearing officer may make an emergency award of compensation to the applicant pending a final decision in the case, except that:

(a)The amount of the emergency compensation shall not exceed five hundred dollars;

(b)The amount of the emergency compensation shall be deducted from the final compensation made to the applicant; and

(c)The excess amount of the emergency compensation over the final amount shall be repaid by the applicant to the committee.

(2)If the hearing officer refuses to make an emergency award of compensation to the applicant, the applicant may request an emergency hearing before the committee which may be conducted by means of teleconference. The committee shall forthwith specify a time and place for an emergency hearing and shall give written notice to the applicant. If it appears to the committee that the claim is one for which compensation is probable and undue hardship will result to the applicant if immediate payment is not made, the committee may make an emergency award of compensation to the applicant pending a final decision in the case, subject to the conditions and limitations stated in subsection

(1)of this section.