04 NCAC 10K .0201. INITIAL DETERMINATION OF CLAIMS BY THE COMMISSION

(a)  A claimant, or a person lawfully authorized to act on a claimant's or claimant's estate's behalf, shall file a claim on or before June 30, 2014, by filing the Claim for Compensation under the Eugenics Asexualization and Sterilization Compensation Program for with the Office of Justice for Sterilization Victims.  The form shall request the following information:

(1)           the claimant's current name, mailing address, county, email address, phone numbers;

(2)           if applicable, the claimant's maiden name;

(3)           the claimant's birthdate;

(4)           the claimant's full name at time of procedure;

(5)           the claimant's nickname or alias at time of procedure;

(6)           the estimated date or year of procedure;

(7)           the county of residence at time of procedure;

(8)           the name of facility where procedure was performed;

(9)           if applicable, the name of facility where institutionalized at time of procedure; and

(10)         if claim is filed by a person lawfully authorized to act on a claimant's or claimant's estate's behalf, then the following additional information is required:

(A)          proof of authority under 04 NCAC 10K .0103;

(B)          applicant's current name, mailing address, county, email address, phone numbers;

(C)          applicant's birthdate; and

(D)          relationship to claimant.

(b)  The Commission will not dismiss a claim solely because all of the information listed in Subparagraph (a)(1)-(9) is not submitted.

(c)  The Office of Justice for Sterilization Victims shall search the program records for the North Carolina Eugenics Board and collect the following documentation as available:

(1)           Petition for Operation of Sterilization or Asexualization;

(2)           Order for Operation of Sterilization;

(3)           Certificate of Surgeon;

(4)           Letter of Authorization to Surgeon;

(5)           consent of parent, guardian, spouse, or next of kin;

(6)           minutes of proceedings of the Eugenics Board;

(7)           proof of any search efforts of the Justice for Sterilization Victims Foundation;

(8)           other pertinent records; and

(9)           any other evidence submitted by the claimant.

The Office of Justice for Sterilization Victims shall complete and transmit the Claim for Compensation under the Eugenics Asexualization and Sterilization Compensation Program along with the available documentation to the Industrial Commission.  The Industrial Commission shall provide a copy of the Claim for Compensation under the Eugenics Asexualization and Sterilization Compensation Program along with the available documentation to the claimant upon receipt from the Office of Justice for Sterilization Victims.

(d)  The Commission shall make an initial determination of eligibility for compensation by filing a written decision.

 

History Note:        Authority G.S. 143B-426.52; 143B-426.53(a);

Temporary Adoption Eff. December 3, 2013 and shall expire on the earlier of the date all claims made under this section are finally adjudicated or June 30, 2018 pursuant to G.S. 143B-426.52(d).