When a claim or benefit is denied, and appeal rights are stated in the determination, an applicant may appeal the denial by following the instructions in the determination. Appeal forms are available in the Forms section of this website.
A determination by the VOCP, that the applicant is not eligible for assistance, is not a determination that the applicant is guilty of “wrong doing” or is a “bad” person. It merely means that the application did not meet the specific criteria for acceptance set forth by the rules governing the VOCP. The applicant should not appeal denial to “prove a point” but only to establish eligibility under the VOCP laws and policies.
If the applicant believes the VOCP made an error and has additional information or documentation to prove the mistake or error then the applicant should file an appeal and provide that information to the Hearing Officer.
Burden of Proof
To qualify for the benefits offered by the VOCP, the applicant must meet certain criteria and the crime must be an eligible crime. The applicant has the burden of proof that he or she is eligible for acceptance and payment of any benefit offered by the VOCP.
Appeals Process
The Compensation Officer will notify the applicant of the approval or denial of their application, after receiving a completed application and police report. The Compensation Officer will also notify the applicant when a requested benefit is denied. The notification will include appeal rights as specified in NRS 217.112.
Appeal to the Hearing Officer
The applicant may appeal a Compensation Officer denial to a Hearing Officer when appeal rights are stated in the letter from the Compensation Officer.
The applicant has 60 days to appeal the decision of the Compensation Officer to the Hearing Officer by filing a request for hearing. The request for hearing must include a copy of the determination letter from the Compensation Officer.
A Request for hearing before the Hearings Officer form is available on the VOCP Forms section of this website. Hearings requests must be submitted to the Department of Administration Hearings Officer.
When a request for hearing is received, a hearing is scheduled, usually within 30 days of receipt of the request for hearing. The applicant can participate in the hearing in person, by phone, or may submit a position statement in writing.
The Hearing Officer will conduct an informal hearing, and will consider any information the applicant or Compensation Officer submits to the Hearing Officer. The Hearing Officer will render a decision after considering all the information available, usually within 15 days of the hearing.
If the applicant disagrees with the Hearing Officer decision, the applicant may appeal the decision to an Appeals Officer, by following the instructions in the Hearing Officer's decision.
Appeal to the Appeals Officer
The applicant has 15 days to appeal the decision of the Hearing Officer to the Appeals Officer. If the applicant appeals to the Appeals Officer, a hearing will be scheduled, usually within 30 days of receipt of the appeal.
The applicant can participate in the hearing in person, by phone, or may submit a position statement in writing.
The Appeals Officer will conduct a hearing, and will consider any information the applicant or the Compensation Officer submits to the Appeals Officer. This hearing is considered 'on the record' and a recording will be made of the proceeding. The Appeals Officer will render a decision after considering all the information submitted by the Compensation Officer and the applicant, usually within 30 days of the hearing.
Appeal to Director
Appeals to the Director are
governed by NRS 217.117(3). The applicant or the Division may only appeal a
final decision by the hearing officer and must submit the appeal to the
Director within 15 day of the hearing officer decision.
Upon receipt of an appeal, the
Director shall provide both parties fifteen (15) days to submit any additional
documentation not previously considered by the hearing’s officer. The hearing’s officer shall
make the file available for inspection by the Director. The Director may make a
determination based on the written documentation, or the Director may schedule
a Victim Compensation Meeting to assist in the decision-making no later than
thirty (30) days after the submission deadline to written material. The meeting
will comply with Open Meeting Law. The Director shall issue a written decision
within fifteen (15) days of the deadline to submit written documentation or the
Victim Compensation Meeting, whichever is later.
The Director may review the decision
of the Appeals Officer and affirm, reverse or remand the Appeals Officer
decision. Appeals to the Director are governed by NRS 217.117(3). The Director’s Office is the
final level of appeal and its decision is not subject to judicial review
per NRS 217.117(4).
Victim Advocate Assistance
The applicant may seek assistance and advice from a Victim Advocate. A list of available Victim Advocates can be found by selecting the following link.