Amended in Senate May 24, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1563

Introduced by Assembly Member Rodriguez

January 4, 2016

An act to amend Section 13959 of the Government Code, relating to victim’s compensation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1563, as amended, 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 begin delete application end delete begin insert appeal end insert 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 begin delete application, end delete begin insert appeal, end insert if the board determines that there was insufficient information to make a decision. begin insert The bill would also make various conforming changes in this regard. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 13959 of the Government Code is
amended to read:

13959.  

(a) The board shall grant a hearing to an applicant who
contests a staff recommendation to deny compensation in whole
or in part.

(b) The board shall notify the applicant not less than 10 days
prior to the date of the hearing. Notwithstanding Section 11123,
if the begin delete application end delete begin insert appeal end insert that the board is considering involves
either a crime against a minor, a crime of sexual assault, or a crime
of domestic violence, the board may exclude from the hearing all
persons other than board members and members of its staff, the
applicant for benefits, a minor applicant’s parents or guardians,
the applicant’s representative, witnesses, and other persons of the
applicant’s choice to provide assistance to the applicant during the
hearing. However, the board shall not exclude persons from the
hearing if the applicant or applicant’s representative requests that
the hearing be open to the public.

(c) At the hearing, the person seeking compensation shall have
the burden of establishing, by a preponderance of the evidence,
the elements for eligibility under Section 13955.

(d) Except as otherwise provided by law, in making
determinations of eligibility for compensation and in deciding
upon the amount of compensation, the board shall apply the law
in effect as of the date an application was submitted.

(e) (1) The hearing shall be informal and need not be conducted
according to the technical rules relating to evidence and witnesses.
The board may rely on any relevant evidence if it is the sort of
evidence on which responsible persons are accustomed to rely in
the conduct of serious affairs, regardless of the existence of a
common law or statutory rule that might make improper the
admission of the evidence over objection in a civil action. The
board may rely on written reports prepared for the board, or other
information received, from public agencies responsible for
investigating the crime. If the applicant or the applicant’s
representative chooses not to appear at the hearing, the board may
act solely upon the application for compensation, the staff’s report,
and other evidence that appears in the record.

(2) The board shall allow a service animal to accompany and
support a witness while testifying at a hearing.

(f) Hearings shall be held in various locations with the frequency
necessary to provide for the speedy adjudication of the begin delete applications. end delete
begin insert appeals. end insert If the applicant’s presence is required at the hearing, the
board shall schedule the applicant’s hearing in as convenient a
location as possible or conduct the hearing by telephone.

(g) The board may delegate the hearing of begin delete applications end delete begin insert appeals end insert
to hearing officers.

(h) The decisions of the board shall be in writing within six
months of the date the board received the begin delete application end delete begin insert appeal end insert unless
the board determines that there was insufficient information to
make a decision. If the board determines that there was insufficient
information to make a decision, the board shall notify the applicant
in writing within six months of the date the board received the
begin delete application. end delete begin insert appeal. end insert Copies of the decisions shall be delivered to
the applicant or to his or her representative personally or sent to
him or her by mail.

(i) The board may order a reconsideration of all or part of a
decision on written request of the applicant. The board shall not
grant more than one request for reconsideration with respect to
any one decision on an begin delete application end delete begin insert appeal end insert for compensation. The
board shall not consider any request for reconsideration filed with
the board more than 30 calendar days after the personal delivery
or 60 calendar days after the mailing of the original decision.

(j) The board may order a reconsideration of all or part of a
decision on its own motion, at its discretion, at any time.

(k) Evidence submitted after the board has denied a request for
reconsideration shall not be considered unless the board chooses
to reconsider its decision on its own motion.