New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 525
Executive Department
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Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.9 NYCRR 525.1 - Declaration of policy and regulatory intent
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
The Office of Victim Services recognizes that the statutory provisions enumerated in article 22 of the Executive Law may not fully describe the services provided to claimants or the processes followed by the office during the claim process and thereafter. Pursuant to subdivision 3 of section 623 of the Executive Law, the office adopts this Part in order to implement the provisions and purposes of article 22 and to describe the services provided to claimants and the processes followed by the office during the claim process and thereafter. This Part is meant to supplement the information provided by the provisions of article 22 of the Executive Law.
9 NYCRR 525.2 - Transitional provisions
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
Part A-1 of chapter 56 of the Laws of 2010 eliminated the Crime Victims Board and created the Office of Victim Services under article 22 of the Executive Law. Part A-1 of chapter 56 was deemed effective on June 22, 2010. Section 54 of part A-1 provides for the transition from Crime Victims Board to the Office of Victim Services and is as follows: completion of unfinished business. Any business or other matter undertaken or commenced by the Crime Victims Board pertaining to or connected with the functions, powers, obligations and duties hereby transferred and assigned to the Office of Victim Services and pending on the effective date of this act may be conducted and completed by the Office of Victim Services in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the former Crime Victims Board; provided, however, that claims accepted by the Crime Victims Board but not determined before the effective date of this act shall be determined by the Office of Victim Services pursuant to the regulations promulgated pursuant to section 627 of the Executive Law as added by section 18 of this act.
9 NYCRR 525.3 - Definitions
Related State Register notice: Adopted rule OVS-31-22-00011-A. Published Oct 12, 2022. Notice effective date: Oct 12, 2022.
Source version current through Aug 15, 2022
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-31-22-00011-A · Adopted rule
- Related notice published
- Oct 12, 2022
- Related notice effective date
- Oct 12, 2022
Current section text is not available here.
9 NYCRR 525.4 - Filing of claims
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
In addition to the provisions contained in section 625 of the Executive Law:
(a)Claim applications shall be filed with the office in person, by mail, or electronically via facsimile, electronic mail or any other manner the office may make available for the filing of claims pursuant to subdivision one of section 305 of the New York State Technology Law.
(1)If mailed, such application shall be directed to:
Office of Victim Services
Alfred E. Smith State Office Building
80 South Swan Street, 2nd Floor
Albany, NY 12210-8002
(2)Emergency award claim applications may be sent via facsimile, to a number the office may make available.
(b)If a person is eligible to file a claim for loss of earnings as a parent or guardian during the period of hospitalization of a child victim under the age of 18 for injures sustained as a direct result of a crime, all other requests for the reimbursement of related, out-of-pocket expenses must be submitted together under the name of one, eligible parent or guardian. Should more than one parent or guardian be responsible for the child victim, the office shall determine all other requests for reimbursement of such expenses under the first, eligible claim accepted by the office. All claims received for loss of earnings as a parent or guardian during the period of hospitalization of the same child victim under the age of 18 for injuries sustained as a direct result of a crime shall be cross-referenced to ensure no duplicate awards are made.
(c)If a person is eligible to file a claim for crime scene clean-up as a surviving spouse, child or stepchild of a victim of a crime who died as a direct result of such crime and where such crime occurred in the residence shared by such family member or members and the victim, out-of-pocket expenses must be submitted together under the name of one family member who is eligible pursuant to paragraph (k) of subdivision (1) of section 624 of the Executive Law. Should more than one eligible family member file a claim requesting reimbursement for crime scene clean-up, the office shall determine all other requests for reimbursement of such expenses under the first, eligible claim accepted by the office. If the child or stepchild of a victim is a minor, the claimant filing on behalf of the child or stepchild must also be responsible for the residence shared by such family member and the victim. All claims received for crime scene clean-up as a surviving spouse, child or stepchild of a victim of a crime who died as a direct result of such crime and where such crime occurred in the residence shared by such family member or members and the victim shall be cross-referenced to ensure no duplicate awards are made.
(d)If a claim application is received complete, it shall be accepted and delivered to the Director for assignment pursuant to section 525.5(a) of this Part.
(e)If a claim application is received incomplete, the office shall:
(1)if submitted pursuant to section 525.22(a) of this Part, return the claim application to the Victim Assistance Program to complete the application;
(2)if submitted directly by the claimant without any Victim Assistance Program indicated on the application, assign a staff person to obtain the necessary information from the claimant or other parties to complete the application; or
(3)return it to the claimant to obtain the necessary information to complete the application.
9 NYCRR 525.5 - Assignment and investigation of claims
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)After a claim has been accepted by the office it shall be assigned by the director for investigation as soon as practicable, but no later than three months after acceptance pursuant to section 525.4(c) of this Part. All claims arising from the same criminal act(s) shall be assigned or re-assigned to the same staff person when practical.
(b)The staff person to whom a claim is assigned shall conduct an investigation into the validity of the claim as soon as practicable, but no later than six months after assignment pursuant to subdivision (a) of this section. This investigation may, but need not necessarily, include the verification of information supplied by the claimant and the development of new or different information concerning the circumstances of the crime, the victim's conduct contributing to the crime or the criminal injury, if any, the reporting of the crime to appropriate authorities, the cooperation of the crime victim or claimant with a subsequent criminal investigation or prosecution, or with the office, the status of the crime victim or claimant as a disabled or elderly person, any physical or other injury suffered as a result of the crime, any health care or other services required as a result of the crime, any earnings or support lost as a result of the crime, the identity or value of any "essential personal property" lost, damaged or destroyed as a result of the crime, and any other matter deemed relevant to the claim.
(c)The staff person to whom the claim is assigned may, if deemed necessary or appropriate, direct the medical examination of a crime victim, take or cause to be taken affidavits or depositions, order a hearing, examine any person under oath or affirmation, and issue subpoenas requiring the attendance and testimony of witnesses and the production of documents.
(d)All claims accepted by the office shall be investigated regardless of whether the alleged criminal has been apprehended or prosecuted for, or convicted of any crime based upon the same incident, or has been acquitted, or found not guilty of the crime in question owing to criminal irresponsibility or other legal exemption.
9 NYCRR 525.6 - Decision on a claim
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)If the information developed in the course of the investigation discloses that:
(1)the claimant has withdrawn the claim; or
(2)the claimant has failed or refused to supply information requested by the office; or
(3)a claim arising from the same circumstance is pending before another agency; or
(4)the claimant cannot be located, then the office may issue a decision denying the claim without prejudice to the claim being reopened at a later time.
(b)After investigation of the claim, and after a hearing, if any, the office shall issue a decision either granting an award or denying the claim. The decision may also include a determination whether the victim engaged in conduct contributing to the crime or criminal injury, and shall reduce the amount of the award or deny the claim altogether in accordance with such determination and pursuant to section 525.12(m) of this Part.
(c)If the information developed in the course of the investigation discloses that the claimant and/or the victim failed to cooperate with the reasonable requests of law enforcement authorities, including prosecutors, then the office may issue a decision denying the claim with prejudice.
(d)All claims investigated by the office shall receive a decision regardless of whether the alleged criminal has been apprehended or prosecuted for, or convicted of any crime based upon the same incident, or has been acquitted, or found not guilty of the crime in question owing to criminal irresponsibility or other legal exemption.
(e)The decision shall state in writing the reason(s) therefor. Should the decision contain a specific payment or payments to the claimant or provider(s), the decision shall state in writing the projected date of such payment(s). A copy of the decision shall become part of the claim’s file and the claimant and/or his or her attorney shall be provided a copy of such decision.
(f)The decision shall have printed or typed thereon notices to the claimant and/or attorney. These notices shall include any rights to appeal that the claimant may have of the decision and a projected date of payment in the case of an award to the claimant.
(g)Unless the office receives a written application for reconsideration of the decision, pursuant to section 525.13(a) of this Part, the decision of the office shall become the final determination.
9 NYCRR 525.7 - Notice of hearing
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
The claimant, his or her attorney, and all material and necessary parties, shall be notified in writing of the time, place and purpose of any hearing, as well as the evidence to be produced by the claimant or other parties. The notice shall be mailed not less than 10 days before the date of the hearing. In the discretion of the office any issue may be considered and determined, although not indicated in the notice of hearing, if the administration of justice will thereby be substantially served.
9 NYCRR 525.8 - Hearings
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)The claimant may be present at the hearing and shall be allowed to present testimony or cross-examine witnesses in person or by counsel, or shall otherwise make him or herself available in a manner prescribed by the office to receive such evidence.
(b)The claimant shall have the burden of proof. The parties or their counsel shall be allowed a reasonable time for presentation of oral argument and/or for the filing of briefs or other statements or dispositions as to the facts or the law.
(c)The office may receive as evidence any statement, document, information or matter that it finds in its discretion is relevant and of such a nature as to afford the parties a fair hearing. The office may also accept hospital records and reports and physician's reports as proof of the injury sustained, without requiring the presence of the attending physician at the hearing.
(d)The office may direct medical examination of the claimant or victim by a physician designated by the office for this purpose. The claimant or victim shall present him or herself to the physician named at the time and place designated. A written report of such examination shall be filed by the examining physician with the office and a copy mailed to the claimant or his or her attorney. The physician's fee shall be paid by the office. The failure of the claimant or victim to appear at the time of the scheduled medical examination shall result in an amended decision to be issued to the claimant reflecting an overpayment in the amount of the physician’s fee incurred by the office, unless the office, for good cause shown, finds the failure to appear at such medical examination to have been justified.
(e)All hearings shall be conducted in an orderly manner in order to ascertain the substantial rights of the parties. All witnesses shall testify under oath (or by affirmation) and a record of the proceedings shall be made. The office may examine the claimant and all witnesses. The office shall not be bound by common law or statutory rules of evidence, or by technical or formal rules for procedure.
(f)Hearings may be adjourned on motion of the office. The failure of the claimant to appear at the time of the hearing may, in the discretion of the office, upon good cause shown, be excused.
(g)Claimant hearings shall be confidential pursuant to section 633 of the Executive Law.
(h)Prior to decision by the office, on application of the claimant or his or her attorney in writing or upon motion of the office, the case may be reopened for consideration of further payment or reinvestigated to facilitate the determination of a decision under review and, if the office finds it necessary, it may request further information or testimony from the claimant or other interested persons.
(i)A hearing shall be held at a place and time designated by the office.
9 NYCRR 525.9 - Representation by attorney
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)Any claimant and/or victim may choose to be represented before the office, at any stages of a claim, by an attorney-at-law duly licensed to practice in the State of New York and/or before the Appellate Division upon judicial review of the office's final determination. However, only those fees incurred by a claimant during:
(1)the administrative review for reconsideration of such decision pursuant to section 627(2) of the Executive Law; and/or
(2)the judicial review of the final decision of the office pursuant to section 629 of the Executive Law may be considered for reimbursement by the office.
The office shall provide written notification to an applying claimant and/or victim of their right to representation by counsel, as well as their potential eligibility for an award of attorney's fees pursuant to Executive Law, subdivision one of section 626 of article 22 if they are successful during the administrative review and/or before the appellate division upon judicial review, pursuant to section 525.3(g) of this Part. Parties shall provide to the office an authorization compliant with section 525.3(c) of this Part.
(b)The attorney shall file a notice of appearance and, when appropriate, a notice of substitution prior to or at his or her first appearance.
(c)Upon a successful review pursuant to subdivision (a) of this section attorney's fees may be approved by the office which may require a written statement of services rendered. Whenever an award is made to a claimant who is represented by an attorney, the office may approve a reasonable fee commensurate with the services rendered, up to $1,000.
(d)The factors to be considered in determining the reasonableness of a fee include the following:
(1)the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2)the fee customarily charged in the locality for similar legal services;
(3)the amount involved and the results obtained;
(4)the time limitations imposed by the client or by the circumstances;
(5)the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(6)whether any part of the cost of the legal service provided to the claimant has been paid or is payable by a third party.
(e)If any party designates an attorney-at-law to represent him or her and such attorney has executed and filed with the office a notice of appearance in the matter, such notice shall remain in effect until:
(1)the party represented files with the office a written revocation of the attorney's authority;
(2)the attorney files with the office a written statement of his or her withdrawal from the case;
(3)the attorney states on the record at an office hearing that he or she is withdrawing from the case; or
(4)the office receives notice of the attorney's death or disqualification.
(f)After the filing of an authorization and a notice of appearance in accordance with this section, and so long as both remain in effect, copies of all written communications or notices in the matter to the party shall be sent to such attorney in addition to the party represented. Service upon the attorney shall be deemed service on the party he or she represents.
9 NYCRR 525.10 - Subpoenas and subpoenas duces tecum; depositions
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)The office shall issue subpoenas and subpoenas duces tecum, upon written application of any party made not less than five days prior to the hearing. Subpoenas and subpoenas duces tecum shall comply with the Civil Practice Law and Rules. Their issuance at the request of a party shall depend upon a showing of the necessity therefor. A written request shall also designate the names and addresses of witnesses and the location of documents, books, payrolls, personnel records, correspondence, papers or any other evidence relating to the claim being heard. The office may, in its discretion, waive the five-day provision.
(b)Where a subpoena or subpoena duces tecum is issued at the request of the claimant or other necessary party, the cost of service and witnesses and mileage fees shall be borne by the party at whose request it is issued. Where a subpoena or a subpoena duces tecum is issued by the office itself, such service and witnesses and mileage fees shall be borne by the office. Such witnesses and mileage fees shall be the same as are paid at trials in the New York State Supreme Court.
(c)The office itself or on the application of the claimant, shall, whenever necessary, and upon such terms and conditions as it may determine, take or cause to be taken affidavits and depositions of witnesses residing within or without the State.
9 NYCRR 525.11 - Emergency awards
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)No request for an emergency award shall be considered unless a claim application has been filed with the office. The claim application and the request for an emergency award may be made simultaneously. A victim assistance program as defined in section 525.22 of this Part may assist a claimant in making such a request. A request for an emergency award shall be expeditiously acted upon.
(b)A request for an emergency award may be approved if it appears to the office that such claim is one with respect to which an award probably will be made and undue hardship will result to the claimant if immediate payment is not made. The determination by the office of an emergency award request shall include, at a minimum, the consideration of:
(1)whether a crime did in fact occur;
(2)the eligibility of the person to receive an award pursuant to section 624 of the Executive Law;
(3)whether, if the crime upon which the claim is based did not result in the death of such person, the person contributed to their injuries because of their conduct pursuant to subdivision 5 of section 631 of the Executive Law;
(4)the office as payer of last resort, pursuant to subdivision 4 of section 631 of the Executive Law;
(5)whether the claimant and/or victim failed to cooperate with the reasonable requests of law enforcement authorities, including prosecutors; and
(6)the out-of-pocket loss, as defined in section 626 of the Executive Law, upon which the request for an emergency award is made.
(c)The amount of an emergency award shall be the actual out-of-pocket loss as defined in section 626 of the Executive Law and subject to any applicable maximum award limitations contained in section 630 of the Executive Law. The amount of such emergency award shall be deducted from any final award made to the claimant, and the excess of the amount of any such emergency award over the amount of the final award, or the full amount of any emergency awards if no final award is made, shall be repaid by the claimant to the office. Failure to repay such amount to the office may result in the delivery of such claim to the Office of the Attorney General for collection.
9 NYCRR 525.12 - Manner of payment; awards
Related State Register notice: Adopted rule OVS-31-22-00011-A. Published Oct 12, 2022. Notice effective date: Oct 12, 2022.
Source version current through Aug 15, 2022
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-31-22-00011-A · Adopted rule
- Related notice published
- Oct 12, 2022
- Related notice effective date
- Oct 12, 2022
Current section text is not available here.
9 NYCRR 525.13 - Review of a decision on a claim
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)The claimant may, within 30 days after receipt of the decision of the office, make an application in writing to the office for reconsideration of such decision. Such application shall include the claim number and an original signature of the claimant.
(b)Upon receipt of an application pursuant to subdivision (a) of this section, the director and/or his or her designee(s) shall either re-open the claim for reconsideration based upon new information or approve the application for the director and/or his or her designee(s) to review the record, to affirm or modify the decision of the office. The director shall ensure the person or persons reviewing the record shall not include the person who made the determination which is being reviewed. If the application for reconsideration is based wholly upon the law under which the office operates, a decision may be issued without a hearing. If the application for reconsideration is based in part or wholly upon the facts of the claim, the office shall notify the claimant of the date and time during which the director and/or his or her designee(s) will consider their application. The claimant may request to personally appear or otherwise make him or herself available in a manner prescribed by the director and/or his or her designee(s) at such time for a hearing pursuant to section 525.8 of this Part prior to the rendering of a decision. If such hearing is requested and the claimant fails to appear or be available in the manner prescribed by the director and/or his or her designee(s), the hearing shall be considered waived by the claimant and the director and/or his or her designee(s) shall review the record to make its final determination, unless the director and/or his or her designee(s), for good cause shown, finds such failure to have been justified. If such hearing is not requested, the director and/or his or her designee(s) shall review the record and make its determination. The decision of the director and/or his or her designee(s) shall become the final determination of the office. The director and/or his or her designee(s) shall issue a written determination. The determination shall state in writing the reason(s) therefor. Should the determination contain a specific payment or payments to the claimant or provider(s), the determination shall state in writing the projected date of such payment(s). A copy of the determination shall become part of the claim’s file and the claimant and/or his or her attorney shall be provided a copy of such determination.
(c)A written determination shall have printed or typed thereon notices to the claimant and/or attorney. These notices shall include any rights to appeal that the claimant may have of the decision and a projected date of payment in the case of an award to the claimant.
(d)If no application is received pursuant to subdivision (a) of this section, the decision of the office shall become the final determination.
(e)The office may reinvestigate or reopen cases at any time, as the office deems necessary.
9 NYCRR 525.14 - Judicial review
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)Any claimant aggrieved by a final determination of the office may seek court review of that determination, as provided for in article 78 of the Civil Practice Law and Rules.
(b)Upon a proceeding being instituted by the Attorney General for court review of a decision of the office, pursuant to section 629 of the Executive Law, the office shall furnish a certified copy of the record upon which the decision was based to the Attorney General and to the claimant and/or his or her attorney.
9 NYCRR 525.15 - Claimant records
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)Claimant records are:
(1)not subject to the provisions of the Public Officers Law: article 6; paragraphs (c) and (d) of subdivision 1 or subdivisions 2, 3 and 6 of section 94 and section 95; and
(2)confidential, subject to the provisions of section 633 of the Executive Law and section 96 of the Public Officers Law. Pursuant to section 633 of the Executive Law, the following exceptions exist to such confidentiality:
(i)requests for information based upon legitimate criminal justice purposes;
(ii)judicial subpoenas;
(iii)requests for information by the victim or claimant or his or her authorized representative pursuant to section 525.3(c) of this Part;
(iv)requests for the release of records as authorized by a claimant pursuant to subdivision (e) of this section;
(v)for purposes necessary and proper for the administration of article 22 of the Executive Law, including but not limited to, providing information to a victim assistance program pursuant to section 525.22(a) of this Part.
(b)A claimant shall notify the office of any change of contact information in person, by mail, or electronically via facsimile, electronic mail or any other manner the office may make available for the change of contact information pursuant to subdivision one of section 305 of the New York State Technology Law.
(1)If mailed, such notification shall be directed to:
Office of Victim Services
Alfred E. Smith State Office Building
80 South Swan Street, 2nd Floor
Albany, NY 12210-8002
(2)Change of contact information may be sent via facsimile, to a number the office may make available.
(c)A claimant may request a copy of part or all of their record by letter, indicating the claim number and containing an original signature of the claimant. Such request shall be directed to: Legal Unit, Office of Victim Services, Alfred E. Smith State Office Building, 80 South Swan Street, 2nd Floor, Albany, NY 12210-8002.
(d)Should a claimant authorize a representative pursuant to section 525.3(c) of this Part, such representative may request a copy of part or all of the claimant’s record by letter, indicating the claim number and containing an original signature of the representative and directed to the unit and address contained in subdivision (c) of this section.
(e)A claimant may authorize another party, who is not an authorized representative pursuant to section 525.3(c) of this Part, to receive information related to their claim. Such authorized party may request a copy of part or all of the claimant’s record by letter, indicating the claim number and containing an original signature of the authorized party and directed to the unit and address contained in subdivision (c) of this section. This authorization shall be valid unless and until revoked by the claimant in writing. A claimant who wishes to designate another party to receive information related to their claim shall provide to the office a notarized authorization compliant with Public Officers Law, section 96 before any confidential records of, or information about a claimant can be disclosed by the office. The form shall be as follows:
Authorization by Claimant for Release of Records
Pursuant to New York State Executive Law, § 633 and Public Officers Law § 96, I:
_______________ Name of Claimant (Please print)
_______________ Claim Number
hereby authorize:
_______________ Name of Individual
_______________
_______________
_______________ Address of Individual
_______________ Phone Number of Individual
to have a complete copy of the records maintained with respect to me and the above mentioned claim for their information. This authorization is to allow the Office of Victim Services to share the records compiled for this claim with the above authorized individual. This authorization shall be valid until revoked by me in writing.
_______________ Signature of Claimant
_______________ Date
| State of New York | )) ss.: |
| County of | |
| __________ | ) |
On the __ day of __ in the year __ before me, the undersigned, personally appeared _____, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
_______________ NOTARY PUBLIC
(f)The office may deny access to portions of a claimant record:
(1)subject to the provisions of subdivision 2 of section 87 of the Public Officers Law; and
(2)to protect any personally identifying information from disclosure.
(g)Fees.
Fees for copies of claimant records may be charged, provided that:
(1)the fee for copying records shall not exceed 25 cents per page for photocopies not exceeding 9 by 14 inches;
(2)the fee for photocopies of records in excess of 9 by 14 inches shall not exceed the actual cost of reproduction;
(3)the fee for copying records onto a storage device or media provided to the person making the request shall not exceed the actual cost of such storage device or media;
(4)the fee for delivery to the person making the request shall not exceed the actual cost of delivery;
(5)the office shall inform the person requesting a copy of the record of the estimated cost;
(6)the office may require that the fee for copying or reproducing a record and delivery be paid in advance of the preparation of such copy; and
(7)the office may waive a fee in whole or in part when making copies of records available to a claimant or a claimant’s attorney.
9 NYCRR 525.16 - Availability of rules
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
Copies of the rules of the office and article 22 of the Executive Law shall be available to the public at all locations of the Office of Victim Services and online at http://www.ovs.ny.gov. The office may also be contacted at 1 (800) 247-8035.
9 NYCRR 525.17 - Requests for further reduction of lien
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)A request for a further reduction of the amount of the State's lien pursuant to subdivision 2 of section 634 of the Executive Law, shall be submitted by the claimant or the claimant's attorney in writing to the office at the following address: Legal Unit, Office of Victim Services, Alfred E. Smith State Office Building, 80 South Swan Street, 2nd Floor, Albany, NY 12210-8002.
(b)Such request shall include:
(1)the claim number or other information which would assist in identifying the claimant and/or the victim;
(2)a statement setting forth the reason(s) the proposed further reduction would be in the best interests of the claimant and the State;
(3)copies of the following documents where they exist:
(i)the complaint(s) served in the case;
(ii)statement of attorney fees; and
(iii)a listing of disbursements or other expenses incurred in the action.
(c)Upon receipt of a request for further reduction in the State's lien, the legal unit of the office shall examine the request and make a written recommendation to the director.
(d)The director shall determine all such requests and upon such determination, the legal unit shall inform the claimant or the claimant’s attorney of the determination.
9 NYCRR 525.18 - Battered spouses shelter cost guidelines
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)As a means of ensuring that eligible battered spouses and children receive necessary shelter and services; to provide an objective, fair and reasonable equitable reimbursement rate for battered spouses and shelter providers who service these claimants, thereby maximizing available program dollars and improving administration of claims for the benefit of all victims; the office hereby establishes a guideline schedule of maximum charges for the cost of residing at or utilizing services provided by shelters for eligible battered spouses and children payable under sections 626 and 631(2) of the Executive Law.
(b)Adoption of county departments of social services shelter fee guidelines.
The office in computing the amount of an award payable for the cost of residing at or utilizing services provided by shelters for battered spouses and children, shall use the per diem rate, where established, of the county department of social services in which the shelter is located.
9 NYCRR 525.19 - Crimes committed by family members
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
A victim who is injured as result of a crime committed by a family member will be eligible to receive an award unless the office finds that the person responsible for the crime will derive substantial economic benefit or unjust enrichment. A determination that a family member will derive substantial economic benefit or unjust enrichment will be based upon a consideration of the offender's access to the award, the victim's cooperation with the criminal justice system, and the availability of collateral resources.
(a)Access.
It shall be determined whether the offender will have access to any award to the victim and/or whether a substantial portion of the money will be primarily used by or for the benefit of the offender.
(1)When an award is made directly to a victim it must be determined that the offender will not substantially benefit from such award. Factors to be considered in determining whether substantial benefit will be derived include:
(i)whether a significant portion of the award will pay for the offender's living expenses, or be otherwise used for his or her benefit; and
(ii)the needs of the victim and other family members in comparison to any benefit to be derived by the offender. The fact that the offender may benefit incidentally from such award will not support a determination of substantial economic benefit or unjust enrichment where such award is essential to the well-being of the victim and other innocent and dependent family members, particularly in regard to their living expenses.
(2)The fact that the offender is present in the household will be a factor to be considered but shall not preclude an award.
(3)Whenever possible payments will be made directly to third-party providers.
(b)Cooperation.
The victim must file a police report and be willing to cooperate with the criminal justice system or in a family court proceeding.
(c)Collateral resources.
In domestic violence claims as in any other claim, collateral resources available to the victim, including those from the offender, must be considered and deducted from any award. If, however, the offender fails to meet legal responsibilities to pay restitution or to provide for the medical needs of a family member, or if the offender impedes payment of insurance that may be available to cover a claimant's out-of-pocket losses, the office may make an award to cover such losses. The offender will remain liable for such losses pursuant to the office's subrogation right.
9 NYCRR 525.20 - Victims of human trafficking, presumption of physical injury
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
When a claimant applies as a victim of labor trafficking as defined in section 135.35 of the Penal Law, or sex trafficking as defined in section 230.34 of the Penal Law, there shall be a rebuttable presumption that such victim has suffered a physical injury for the purposes of eligibility under article 22 of the Executive Law.
9 NYCRR 525.21 - Prohibited use of personal identifying information
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)The office shall not do any of the following, unless otherwise required by law:
(1)Intentionally communicate to the general public or otherwise make available to the general public in any manner an individual's social security account number. This paragraph shall not apply to any individual intentionally communicating to the general public or otherwise making available to the general public his or her social security account number.
(2)Print an individual's social security account number on any card or tag required for the individual to access products, services or benefits provided by the office.
(3)Require an individual to transmit his or her social security account number over the internet, unless the connection is secure or the social security account number is encrypted.
(4)Require an individual to use his or her social security account number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website.
(5)Include an individual's social security account number, except the last four digits thereof, on any materials that are mailed to the individual, or in any electronic mail that is copied to third parties, unless State or Federal law requires the social security account number to be on the document to be mailed. Notwithstanding this paragraph, social security account numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process, or to establish, amend or terminate a claim, account, contract or policy, or to confirm the accuracy of the social security account number. A social security account number that is permitted to be mailed under this section may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope, or visible on the envelope or without the envelope having been opened.
(6)Encode or embed a social security number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, or other technology, in place of removing the social security number as required by this section.
(7)No person may file any document available for public inspection with the office that contains a social security account number of any other person, except as required by Federal or State law or regulation, or by court rule.
(b)As used in this section, social security account number shall include the nine-digit account number issued by the Federal Social Security Administration and any number derived therefrom. Such term shall not include any number that has been encrypted.
(c)This section shall not prevent the collection, use or release of a social security account number as required by State or Federal law, or the use of a social security account number for internal verification, fraud investigation or administrative purposes.
9 NYCRR 525.22 - Victim Assistance Programs or VAPs
Related State Register notice: Adopted rule OVS-21-24-00004-A. Published Oct 16, 2024. Notice effective date: Oct 16, 2024.
Source version current through Aug 15, 2022
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-21-24-00004-A · Adopted rule
- Related notice published
- Oct 16, 2024
- Related notice effective date
- Oct 16, 2024
Current section text is not available here.
9 NYCRR 525.23 - Freedom of Information Law or FOIL
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
(a)Purpose and scope.
(1)The people’s right to know the process of government decision-making and the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy of confidentiality.
(2)These regulations provide information concerning the procedures by which records may be obtained.
(3)Personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law.
(4)Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
(b)Designation of records access officer.
(1)The Office of Victim Services is responsible for insuring compliance with the regulations herein, and designates the counsel to the Office of Victim Services as records access officer.
(2)The records access officer is responsible for insuring appropriate agency response to public requests for access to records. The designation of a records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so. The records access officer shall insure that agency personnel:
(i)maintain an up-to-date subject matter list;
(ii)assist persons seeking records to identify the records sought, if necessary, and when appropriate, indicate the manner in which the records are filed, retrieved or generated to assist persons in reasonably describing records;
(iii)contact persons seeking records when a request is voluminous or when locating the records involves substantial effort, so that personnel may ascertain the nature of records of primary interest and attempt to reasonably reduce the volume of records requested;
(iv)upon locating the records, take one of the following actions:
(a)make records available for inspection; or
(b)deny access to the records in whole or in part and explain in writing the reasons therefor;
(v)upon request for copies of records:
(a)make a copy available upon payment or offer to pay established fees, if any, in accordance with subdivision (h) of this section; or
(b)permit the requester to copy those records;
(vi)upon request, certify that a record is a true copy; and
(vii)upon failure to locate records, certify that:
(a)the Office of Victim Services is not the custodian for such records; or
(b)the records of which the Office of Victim Services is a custodian cannot be found after diligent search.
(c)Location.
Records shall be available for public inspection and copying at: New York State Office of Victim Services, Alfred E. Smith State Office Building, 80 South Swan Street, 2nd Floor, Albany, NY 12210-8002.
(d)Hours for public inspection.
Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are Monday through Friday, 9:00 a.m. to 5:00 p.m.
(e)Requests for public access to records.
(1)A written request may be required, but oral requests may be accepted when records are readily available.
(2)If records are maintained on the internet, the requester shall be informed that the records are accessible via the internet and in printed form either on paper or other information storage medium.
(3)A response shall be given within five business days of receipt of a request by:
(i)informing a person requesting records that the request or portion of the request does not reasonably describe the records sought, including direction, to the extent possible, that would enable that person to request records reasonably described;
(ii)granting or denying access to records in whole or in part;
(iii)acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and shall not be more than 20 business days after the date of the acknowledgment, or if it is known that circumstances prevent disclosure within 20 business days from the date of such acknowledgment, providing a statement in writing indicating the reason for inability to grant the request within that time and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part; or
(iv)if the receipt of request was acknowledged in writing and included an approximate date when the request would be granted in whole or in part within 20 business days of such acknowledgment, but circumstances prevent disclosure within that time, providing a statement in writing within 20 business days of such acknowledgment specifying the reason for the inability to do so and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part.
(4)In determining a reasonable time for granting or denying a request under the circumstances of a request, personnel shall consider the volume of a request, the ease or difficulty in locating, retrieving or generating records, the complexity of the request, the need to review records to determine the extent to which they must be disclosed, the number of requests received by the agency, and similar factors that bear on the ability to grant access to records promptly and within a reasonable time.
(5)A failure to comply with the time limitations described herein shall constitute a denial of a request that may be appealed. Such failure shall include situations in which an officer or employee:
(i)fails to grant access to the records sought, deny access in writing or acknowledge the receipt of a request within five business days of the receipt of a request;
(ii)acknowledges the receipt of a request within five business days but fails to furnish an approximate date when the request will be granted or denied in whole or in part;
(iii)furnishes an acknowledgment of the receipt of a request within five business days with an approximate date for granting or denying access in whole or in part that is unreasonable under the circumstances of the request;
(iv)fails to respond to a request within a reasonable time after the approximate date given or within 20 business days after the date of the acknowledgment of the receipt of a request;
(v)determines to grant a request in whole or in part within 20 business days of the acknowledgment of the receipt of a request, but fails to do so, unless the agency provides the reason for its inability to do so in writing and a date certain within which the request will be granted in whole or in part;
(vi)does not grant a request in whole or in part within 20 business days of the acknowledgment of the receipt of a request and fails to provide the reason in writing explaining the inability to do so and a date certain by which the request will be granted in whole or in part; or
(vii)responds to a request, stating that more than 20 business days is needed to grant or deny the request in whole or in part and provides a date certain within which that will be accomplished, but such date is unreasonable under the circumstances of the request.
(f)Subject matter list.
(1)The records access officer shall maintain a reasonably detailed current list by subject matter of all records in its possession, whether or not records are available pursuant to subdivision 2 of section 87 of the Public Officers Law.
(2)The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
(3)The subject matter list shall be updated annually. The most recent update shall appear on the first page of the subject matter list.
(g)Denial of access to records.
(1)Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual or body established to determine appeals (who or which) shall be identified by name, title, business address and business phone number.
(2)If requested records are not provided promptly, as required in paragraph (5) of this subdivision, such failure shall also be deemed a denial of access.
(3)The director or his or her designee shall determine appeals regarding denial of access to records under the Freedom of Information Law. Such appeal shall be directed to: Director, New York State Office of Victim Services, Alfred E. Smith State Office Building, 80 South Swan Street, 2nd Floor, Albany, NY 12210-8002.
(4)Any person denied access to records may appeal within 30 days of a denial.
(5)The time for deciding an appeal by the director or his or her designee to determine appeals shall commence upon receipt of a written appeal identifying:
(i)the date and location of requests for records;
(ii)a description, to the extent possible, of the records that were denied; and
(iii)the name and return address of the person denied access.
(6)A failure to determine an appeal within 10 business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.
(7)The director or his or her designee shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to: Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231.
(8)The director or his or her designee shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in paragraph (7) of this subdivision.
(h)Fees.
(1)There shall be no fee charged for:
(i)inspection of records;
(ii)search for records; or
(iii)any certification pursuant to this Part.
(2)Copies may be provided without charging a fee.
(3)Fees for copies may be charged, provided that:
(i)the fee for copying records shall not exceed 25 cents per page for photocopies not exceeding 9 by 14 inches;
(ii)the fee for photocopies of records in excess of 9 x 14 inches shall not exceed the actual cost of reproduction; or
(iii)the office has the authority to redact portions of a paper record and does so prior to disclosure of the record by making a photocopy from which the proper redactions are made.
(4)The fee which the office may charge for a copy of any other record is based on the actual cost of reproduction and may include only the following:
(i)an amount equal to the hourly salary attributed to the lowest paid employee who has the necessary skill required to prepare a copy of the requested record, but only when more than two hours of the employee’s time is necessary to do so; and
(ii)the actual cost of the storage devices or media provided to the person making the request in complying with such request; or
(iii)the actual cost to the office of engaging an outside professional service to prepare a copy of a record, but only when the office’s information technology equipment is inadequate to prepare a copy, and if such service is used to prepare the copy.
(5)When the office has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from non-electronic records, the office shall be required to retrieve or extract such record or data electronically. In such case, the office may charge a fee in accordance with subparagraphs (4)(i) and (ii) of this subdivision.
(6)The office shall inform a person requesting a record of the estimated cost of preparing a copy of the record if more than two hours of an agency employee’s time is needed, or if it is necessary to retain an outside professional service to prepare a copy of the record.
(7)The office may require that the fee for copying or reproducing a record be paid in advance of the preparation of such copy.
(8)The office may waive a fee in whole or in part when making copies of records available.
(i)Public notice.
A notice containing the title or name and business address of the records access officers and appeals person and the location where records can be seen or copies shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.
9 NYCRR 525.29 - Construction of rules
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
This Part shall be liberally construed to accomplish the purpose of the law creating the office and the policies of the office.
9 NYCRR 525.30 - Severability
Source version current through Aug 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- OVS-12-26-00003-P · Proposed rule
- Related notice published
- Mar 25, 2026
If any provisions of this Part or the application thereof to any person or circumstances are adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstance.
Former section numbers
- 9 NYCRR 525.24
- This section was repealed. No successor section has been identified.