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Statutes Text

Article - Criminal Procedure


    (a)    The Board may make an emergency award to the claimant before making a final decision in the case, if the Board determines, before taking action on the claim, that:

        (1)    an award likely will be made on the claim; and

        (2)    the claimant will suffer undue hardship unless immediate payment is made.

    (b)    (1)    The amount of an emergency award under this section:

            (i)    may not exceed $5,000; and

            (ii)    shall be deducted from any final award made to the claimant.

        (2)    Except as provided in paragraph (3) of this subsection, a claimant shall repay the Board:

            (i)    the excess of the amount of the emergency award over any final award; or

            (ii)    if a final award is not made, all of the emergency award.

        (3)    On written request by a claimant, for a compelling reason the Board may waive the requirement that a claimant repay an emergency award under paragraph (2) of this subsection.

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