80 Neb. Admin. Code, ch. 3, § 006
Nebraska Administrative Code
Nebraska Administrative Code
006 Denial of Award – In addition to grounds for denial of an award contained in the Act, an award may be denied (1) when the eligible applicant has failed to cooperate with criminal justice agencies in the investigation and prosecution of the crime giving rise to the injuries of the victim; (2) when the eligible applicant has failed to cooperate with the Committee, Hearing Officer, or staff in its investigation of the claim filed for compensation; or (3) when the victim violated a criminal law of the state, which violation caused or contributed to his or her injuries or death. No compensation will be awarded if the claim is not submitted to the Committee within two years of the date of the incident or the incident is not reported to law enforcement within five days. No compensation will be awarded if the victim was a passenger in a motorized vehicle that knew or reasonably should have known that the driver was operating the vehicle while under the influence of alcohol or illegal drugs. 006.01— Exception to Application Submission Deadline Requirements – The Committee or Hearing Officer may consider applications submitted beyond the deadline established of two-years from date of or discovery of the incident if the Committee finds that good cause existed for missing such deadline. (Nebraska Revised Statute §81-1821) 006.02 – Exception for Minor Victims – For a victim who was under nineteen years of age at the time of death, application will be submitted within three years after the date of death and for the victim who was under nineteen years of age at the time of the personal injury, on or before the victim’s twenty-second birthday. (Nebraska Revised Statute §81-1821) 006.03 – Exceptions for Minor Victims, Reporting Guidelines – In cases when a minor child who was a victim of a physical or sexual assault and did not report such incident to an adult, at which time the minor child reports an incident or incidents to an adult, the reporting requirements become effective. 006.04 – Exceptions for Sexual Assault, Domestic Violence, Child Abuse, Sex Trafficking – Applications submitted by or for a victim of sexual assault, domestic violence, child abuse, or sex trafficking is not subject to the five-day reporting requirement if the claimant and/or victim has reported such crime to the police, obtained a protection order related to such incident or offence, or presented for a forensic medical exam. (Nebraska Revised Statute §81-1821)
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