AB 1563, as introduced, Rodriguez. Victim’s compensation: claims: appeal.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board and requires the board to grant a hearing to an applicant who contests a staff recommendation to deny compensation in whole or part. Existing law requires decisions of the board to be made in writing.
This bill would require decisions of the board to be made within 6 months of the date the board received the application unless the board determines that there was insufficient information to make a decision. The bill additionally would require the board to notify the applicant in writing, within 6 months of the date the board received the application, if the board determines that there was insufficient information to make a decision.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13959 of the Government Code is
2amended to read:
(a) The board shall grant a hearing to an applicant who
4contests a staff recommendation to deny compensation in whole
5or in part.
6(b) The board shall notify the applicant not less than 10 days
7prior to the date of the hearing. Notwithstanding Section 11123,
8if the application that the board is considering involves either a
9crime against a minor, a crime of sexual assault, or a crime of
10domestic violence, the board may exclude from the hearing all
11persons other than board members and members of its staff, the
12applicant for benefits, a minor applicant’s parents or guardians,
13the applicant’s representative, witnesses, and other persons of the
14applicant’s choice to provide assistance to the applicant during the
15hearing. However, the board shall not exclude persons from the
16hearing if the applicant or applicant’s representative requests that
17
the hearing be open to the public.
18(c) At the hearing, the person seeking compensation shall have
19the burden of establishing, by a preponderance of the evidence,
20the elements for eligibility under Section 13955.
21(d) Except as otherwise provided by law, in making
22determinations of eligibility for compensation and in deciding
23upon the amount of compensation, the board shall apply the law
24in effect as of the date an application was submitted.
25(e) (1) The hearing shall be informal and need not be conducted
26according to the technical rules relating to evidence and witnesses.
27The board may rely on any relevant evidence if it is the sort of
28evidence on which responsible persons are accustomed to rely in
29the conduct of serious affairs, regardless of the existence of a
30common law or statutory rule that might make improper the
31admission of the evidence over objection in a civil action. The
32board may rely on
written reports prepared for the board, or other
33information received, from public agencies responsible for
34investigating the crime. If the applicant or the applicant’s
35representative chooses not to appear at the hearing, the board may
36act solely upon the application for compensation, the staff’s report,
37and other evidence that appears in the record.
P3 1(2) The board shall allow a service animal to accompany and
2support a witness while testifying at a hearing.
3(f) Hearings shall be held in various locations with the frequency
4necessary to provide for the speedy adjudication of the applications.
5If the applicant’s presence is required at the hearing, the board
6shall schedule the applicant’s hearing in as convenient a location
7as possible or conduct the hearing by telephone.
8(g) The board may delegate the hearing of applications to
9hearing officers.
10(h) The decisions of the board shall be in writingbegin insert
within six
11months of the date the board received the application unless the
12board determines that there was insufficient information to make
13a decision. If the board determines that there was insufficient
14information to make a decision, the board shall notify the applicant
15in writing within six months of the date the board received the
16applicationend insert. Copies of the decisions shall be delivered to the
17applicant or to his or her representative personally or sent to him
18or her by mail.
19(i) The board may order a reconsideration of all or part of a
20decision on written request of the applicant. The board shall not
21grant more than one request for reconsideration with respect to
22any one decision on an application for compensation. The board
23shall not consider any request for reconsideration filed with the
24board more than 30 calendar days after the personal delivery or
2560 calendar days after the mailing of the original decision.
26(j) The
board may order a reconsideration of all or part of a
27decision on its own motion, at its discretion, at any time.
28(k) Evidence submitted after the board has denied a request for
29reconsideration shall not be considered unless the board chooses
30to reconsider its decision on its own motion.
O
99