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Session Laws, 1988
Volume 770, Page 2605   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 250

(c)] Within 30 days of the final decision [of the Board,]
any claimant aggrieved by the final decision may appeal the
decision under the applicable provisions of the Administrative
Procedure Act, §§ 10-215 and 10-216 of the State Government
Article of the Code.

11.

Notwithstanding the provisions of §§ 6 and 8 of this
article, if it appears to the Board [member] MEMBERS to whom a
claim is assigned, prior to taking action upon the claim, that
(a) the claim is one with respect to which an award probably will
be made, and (b) undue hardship will result to the claimant if
immediate payment is not made, the Board [member] MEMBERS may
make an emergency award to the claimant pending a final decision
in the case. However, (1) the amount of the emergency award
shall not exceed $1,000, (2) the amount of the emergency award
shall be deducted from any final award made to the claimant, and
(3) the excess of the amount of the emergency award over the
final award, or the full amount of the emergency award if no
final award is made, shall be repaid by the claimant to the
Board.

12.

(a) (1) An award may not be made unless the [Board or]
Board members[, as the case may be, finds] FIND that (1) a crime
was committed, (2) such crime directly resulted in personal
physical injury to, or death of the victim, and (3) police
records show that such crime was promptly reported to the proper
authorities; and in no case may an award be made where the police
records show that such report was made more than forty-eight
hours after the occurrence of such crime unless the Board, for
good cause shown, finds the delay to have been justified. The
Board, upon finding that any claimant or award recipient has not
fully cooperated with all law enforcement agencies, may deny or
withdraw any award, as the case may be.

(2) An award may not be made unless funds are
appropriated and available for the full amount of the award. If
a multiyear award is made, the total amount of the award shall be
obligated and held for such period of time as is necessary to
complete payment in accordance with the provisions of the award.
If payment of the award is terminated for any reason subsequent
to June 30 of the fiscal year in which the award was made, the
remainder of the award shall revert to the General Fund. ANY
COMPENSATION AWARDED UNDER THE PROVISIONS OF THIS ACT SHALL NOT
EXCEED $25,000 FOR ANY DISABILITY RELATED CLAIM AND $45,000 FOR
ANY MEDICAL CLAIM. THE MAXIMUM AMOUNT AWARDED UNDER ALL OF THE
PROVISIONS OF THIS ACT SHALL NOT EXCEED $45,000, INCLUDING ANY
SUBSEQUENT AND SUPPLEMENTAL AWARDS.

- 2605 -

 

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Session Laws, 1988
Volume 770, Page 2605   View pdf image
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