1. (a) As used in this article:

   1. (1) “Applicant” means a person submitting an application as defined in subsection (a)(2);

   2. (2) “Application” means the following:

      1. (A) an application for assistance or a supplemental claim in the Victims of Crime program under Government Code sections 13950-13966;
      2. (B) a claim for indemnification by persons benefiting the public under Government Code sections 13970-13974.1; or
      3. (C) a claim for compensation for erroneously-convicted felons under Penal Code sections 4900-4906.
   3. (3) “Attorney” means an active member of the California State Bar;
   4. (4) “Claimant” means a person submitting an application or on whose behalf an application was submitted;
   5. (5) “Final decision” means the last decision rendered by the Board before any action for judicial review may be instituted;
   6. (6) “Hearing” means an evidentiary proceeding for the determination of facts upon which the Board makes its decision;
   7. (7) “Hearing officer” means a person appointed by the Executive Officer under section 615.10 to preside at a hearing;

   8. (8) “Informal hearing” means an informal proceeding in the nature of a conference during which the parties have an opportunity to be heard. The following are informal hearings:

      1. (A) Any hearing over which the board presides; and
      2. (B) Any hearing in which cross examination is not permitted.
   9. (9) “May” means the action or conduct is permissive;
   10. (10) “Party” means a person or their representative who has applied for compensation or reimbursement who is permitted by the Board's regulations to participate in a hearing;
   11. (11) “Preponderance of the evidence” means evidence that is more likely true than not true;
   12. (12) “Proposed decision” means a written decision containing the factual and legal bases for the hearing officer's recommendation that is submitted to the Board;
   13. (13) “Representative” means an attorney or non-attorney who is authorized to represent an applicant in any proceeding before the Board;
   14. (14) “Shall” means the action or conduct is mandatory;
   15. (15) “Subsequent application” means an application for a separate and unrelated crime that occurs after the initial application and is not a part of a series of related acts considered to be one crime; and
   16. (16) “Supplemental claim” means a bill or expense submitted in connection with a previously submitted application for assistance from the Board in the Victims of Crime program under Government Code sections 13950-13966.

Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 13959, 13973 and 13974, Government Code; and Section 4903, Penal Code.

History

1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.

2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).

3. Editorial correction repealing erroneous History 2 and renumbering and amending former History 3 to History 2 (Register 99, No. 12).

4. Amendment of section and Note filed 1-13-2026; operative 4-1-2026 (Register 2026, No. 3).