SUMMARY: This chapter outlines the procedures and standards governing the Victims' Compensation Program application and decision making process.

§ 1 Claimants:

1. An application for compensation may be made on a minor's behalf by the minor's parents or legal guardian.

2. An application for compensation may be made on an incompetent's behalf by a legal guardian or other person authorized to administer the incompetent's estate.

§ 2 Incomplete Application:

1. Whenever an application is not complete or the Board requires further information or explanation the Board shall advise the applicant. The applicant shall provide the required information within 60 days. If the information is not received the Board may consider the application withdrawn or may decide the claim based on the application and information submitted.

§ 3 Notice of Board Decision:

1. Applicants shall be mailed notification of the Board's decision within a reasonable time after the Board meeting. The basis for the Board's decision shall be set forth in the notice.

2. Where the Board has denied an award on a matter decided without hearing the notification shall include a hearing request form.

§ 4 Request for a Hearing:

1. Requests for hearing must be made in writing to the Board within 30 days of the Board's decision on that claim.

2. A claimant who requests a hearing will be notified in writing of the date and time

of the hearing.

3. After reviewing the evidence provided at hearing, the Board shall render its decision. The Board shall promptly notify the claimant in writing of its decision.

4. If, after hearing, the decision of the Board is to deny or limit a claim the claimant will be notified of their right to appeal the Board's final decision to Superior Court.

§ 5 False Statements:

1. Any application form promulgated by the Board may bear upon it a notification to the effect that false statements made therein or pursuant thereto are punishable as unsworn falsification under 17-A M.R.S.A. § 453.

STATUTORY AUTHORITY: 5 M.R.S.A. § 3360-A(7)

EFFECTIVE DATE:

February 19, 1995

NON-SUBSTANTIVE CORRECTIONS:

March 17, 2000 - formatting

AMENDED:

May 27, 2000