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005.28.13-7.0. Procedures for Filing a Claim

AR ADC 005.28.13-7.0Arkansas Administrative CodeEffective: November 25, 2019

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 13. Rules Governing the School Worker Defense Program and the School Worker Defense Program Advisory Board
Effective: November 25, 2019
Ark. Admin. Code 005.28.13-7.0
005.28.13-7.0. Procedures for Filing a Claim
7.01 Any person entitled to protection under Section 5.01 of these rules shall submit a notice of claim to the Program Administrator.
7.01.1 The notice of claim shall be sent by certified mail, return receipt requested to:
School Worker Defense Program
ATTN: Program Administrator
Division of Elementary and Secondary Education
Four Capitol Mall
Little Rock, Arkansas 72201
7.01.2 The notice of claim shall include the following information:
7.01.2.1 The name, address, telephone number and position of the entity or individual covered under Section 5.01 of these rules;
7.01.2.2 If the claim is filed pursuant to Section 5.02 of these rules, a copy of the summons and complaint and an explanation of how the acts and omissions of the employee or volunteer in question were in the performance of his or her official duties;
7.01.2.3 If the claim is filed pursuant to Sections 5.03 or 5.04 of these rules, a copy of relevant court documents indicating the withdrawal, dismissal, or acquittal of criminal charges;
7.01.2.4 If the claim is filed pursuant to Section 5.04 of these rules, an explanation of the reasons why extraordinary attorney's fees and costs are appropriate;
7.01.2.5 A description of the nature of each insurance policy that may provide coverage for the claim. This description shall include, but not be limited to, coverage limits under each policy; and
7.01.2.6 The name, address, and telephone number of the attorney who will represent the covered entity or person in the matter, or a request for an attorney to be appointed by the School Worker Defense Program.
7.01.3 Notice of any claim must be given to the School Worker Defense Program within thirty (30) days of a covered person or entity having knowledge of a civil or criminal action being filed or having reason to believe that a claim under the School Worker Defense Program will be made, whichever is later.
7.01.4 Once notice has been received by the covered person or entity as to the formal filing of charges or complaints, immediate notice shall be given to the School Worker Defense Program along with copies of any summons and complaints.
7.02 For requests for payment or reimbursement, the covered individual or entity shall provide an itemized invoice along with back up documentation and any information required by the Division of Elementary and Secondary Education to substantiate the amounts listed in the invoice.
7.02.1 Invoices and back up documentation shall be submitted by the covered individual or entity quarterly (every three months). Invoices that are not submitted on a timely basis may not be paid by the School Worker Defense Program.
7.02.2 To be submitted on a timely basis, any request for payment of an expense or reimbursement, other than attorney's fees paid pursuant to Sections 5.03 and 5.04 herein, must be received by the Program Administrator within three (3) months of the date the expense was incurred by or known to the covered entity or person or attorney.
7.02.3 For invoices requesting the payment of attorney's fees, the School Worker Defense Program may reimburse the covered individual or entity for attorney's fees up to one hundred dollars ($100.00) per hour. The payment of fees in excess of one hundred dollars ($100.00) per hour is the responsibility of the covered individual or entity.
7.03 The Program Administrator shall make an initial determination of whether the request for protection, coverage, reimbursement, or payment meet the requirements of Ark. Code Ann. ยง 6-17-1113 and these rules.
7.04 The Program Administrator shall notify the individual or entity making the claim or request for reimbursement and/or payment of the initial determination, in writing, within ten (10) days of receipt of the notice of claim or request for reimbursement and/or payment, subject to the provision of Section 7.05 below. If the Program Administrator denies a claim, the Program Administrator shall provide in writing the reasons for the denial.
7.05 The Program Administrator may request additional information before making an initial determination. If additional information is needed for a proper determination, and if the Program Administrator gives timely notice of the request to the individual or entity making the claim, the Program Administrator may approve or disapprove the request for protection, coverage, reimbursement, or payment within ten (10) days of receipt of the additional information.

Credits

Adopted March 1, 2012. Amended June 15, 2014; Nov. 25, 2019.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.13-7.0, AR ADC 005.28.13-7.0
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