- (a) In the event an application for compensation is approved in a modified form or denied, the administrative staff of the Crime Victims Reparations Board shall notify the claimant/victim by certified mail, return receipt requested, within fifteen (15) calendar days setting forth the basis of the decision.
- (b) The claimant/victim shall have the right to appeal and may do so by notifying the administrative staff of the board, in writing, by certified mail, return receipt requested, of the intent to appeal within forty-five (45) calendar days of the date of the notification letter setting forth the board’s decision.
(c)
- (1) The claimant/victim shall then be entitled to a formal hearing before the board.
- (2) The hearing shall be held within ninety (90) calendar days of the date of the notice from the claimant/victim stating the intent to appeal.
(d)
- (1) The claimant/victim, or an authorized representative in the event the claimant/victim is incapacitated, must be present at the appeal hearing.
- (2) In an appeals hearing, all parties shall be afforded an opportunity to appear and be heard.
- (3) A record of the proceedings shall be made and shall be transcribed upon request of any party, who shall pay transcription costs unless otherwise ordered by the board.
- (e) Notification of board meetings shall be made in compliance with the Freedom of Information Act of 1967, Arkansas Code §§ 25-19-101 – 25-19-107.
- (f) All agendas and supporting documentation necessary shall be mailed to the board ten (10) calendar days in advance of the board meeting.
(g) The board may, without a hearing, settle a claim by:
- (1) Stipulation;
- (2) Agreed settlement;
- (3) Consent order; or
- (4) Default.
- (h) The board shall render its decision relative to the appeal within ten (10) calendar days of the formal hearing, and the claimant/victim will be notified by mail.
(i) The claimant/victim, if not successful in the appeal to the board shall then have thirty (30) days from the receipt of the decision to file a petition for judicial review pursuant to Arkansas Code § 25-15-212 in the circuit court of:
- (1) His or her county of residence; or
- (2) Pulaski County.