IN RE: Application of TINA M. CLAY. (2010)

ORDER

This claim arises out of an incident that occurred on Monday, October 16, 2007. The claimant, Tina M. Clay, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act, 740 ILCS 45/1, et seq. (2000).

This Court has carefully considered the application for benefits submitted on Monday, October 19, 2009, on the form prescribed by the Illinois Attorney General, and an investigatory report of the Illinois Attorney General which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Illinois Attorney General's Office, the Court finds:

1. That on Monday, October 16, 2007, Tina M. Clay, age 35, was the victim of a violent crime as defined in §2(c) of the Act, to wit: Battery 720 ILCS 5/12-3 (2000).

2. That the crime occurred in Joliet, Illinois, and all of the eligibility requirements of §6.1 of the Act have been met.

3. That pursuant to §6.1(a) of the Act, a person is entitled to compensation under the Act if within 2 years of the occurrence of the crime, or within one year after a criminal indictment of a person for an offense, upon which the claim is based, an application is filed, under oath, with the Court of Claims and on a form prescribed in accordance with Section 7.1 furnished by the Attorney General. If the person entitled to compensation is under 18 years of age or under other legal disability at the time of the occurrence or becomes legally disabled as a result of the occurrence, he may file the application within two years after he attains the age of eighteen years or the disability is removed, as the case may be. Legal disability includes a diagnosis of posttraumatic stress disorder.

4. That the crime occurred on October 16, 2007. The application for the crime victims compensation program was filed on October 19, 2009. Two years from the crime date was October 16, 2009. The application was faxed to the Illinois Attorney Generals Office on October 13, 2009. The Crime Victim's Compensation Application provides applicants with two methods of submitting applications. The last page of the application states “Please return completed application and all subsequent information to: Office of the Illinois Attorney General Crime Victims Services Bureau 100 West Randolph Street, 13ch Floor, Chicago, IL 60601 Fax:(312) 815-7105.” When an agency designates a fax number for the purpose of receiving information, and the applicable statute does not specifically prohibit filing by fax, the information is deemed to be received as of the date of the fax. See Laouini v. CLM Freight Lines, Inc. 586 F.3d 473, 479 (7th Cir. 2009); Cf. In re: Outboard Marine Corporation, 386 F.3d 824 (7th Cir. 2004). Therefore, the claim was filed in the time frame required by §6.1(a) of the Act.

5. That the application indicates that the claimant seeks compensation for medical, hospital and dental expenses incurred as a result of a violent crime.

6. That according to §8.1 of the Act, no award of compensation shall be made for any portion of the applicant's claim that is not substantiated by the applicant. If an applicant does not submit all materials substantiating the claim as requested by the Attorney General, the Attorney General shall notify the applicant in writing of the specific additional items of information or materials required and that the applicant has 30 days in which to supply those items to the Attorney General.

7. That on February 17, 2010, the applicant was notified by a letter sent through the U.S. Mail of the materials required to be submitted to the Attorney General to substantiate the claim. However, the applicant has failed to respond to this request and/or the letter was returned undelivered. Therefore, the applicant has failed to file the substantiating materials within the 30 days required by §8.1 of the Act and has not requested additional time to file this information.

8. That this claim does not meet a required condition precedent for compensation under the Act at this time.

IT IS HEREBY ORDERED that this claim be and is hereby denied.

BIRNBAUM, J.