reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4.1 - Payroll Claims › Section 633.8 - Agencies Not Included in Central Disbursement System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any state agency or unit thereof which is not includable in
					 the Uniform State Payroll System under Government Code Section
					 12470 may
					 submit its payroll claims to the State Controller in the form and manner
					 prescribed in Section
					 660. In such event:
(1) All appropriate forms, procedures and
				  regulations adopted by the State Controller in connection with the operation of
				  the Uniform State Payroll System are applicable.
(2) All provisions of Section
				  660 are applicable except that
				  subdivision (d) thereof shall not apply, and each claim transmitting an
				  original payroll roster shall contain the following certificate in lieu of the
				  form of certificate prescribed in subdivision (a) of Section
				  660:
"I hereby certify under penalty of perjury as
					 follows:
"That I am the duly appointed, qualified and acting officer
					 of the herein named state agency. That the names, positions, amounts of salary
					 payable, and other statements contained herein and in the attached documents,
					 are true and correct. That the attached constitutes the 'original payroll
					 roster' of the herein named state agency. That salary payments are properly and
					 lawfully payable to every employee as certified herein, and that such salary
					 payments are authorized each month from and after the effective date stated
					 herein in the respective amounts and to the respective employees, as indicated,
					 under all laws, rules, and regulations applicable, except as may be modified by
					 payroll roster change filed by this agency with the State Controller. That the
					 individuals whose names are set forth herein are lawfully employed and all
					 provisions of law governing such employment have been fully complied with. That
					 all deductions listed herein for purposes set forth in Sections
					 12420 and
					 3922 (or
					 1153), Government Code, are in conformity
					 with written authorizations of the employees concerned on file in this office.
					 That the persons for whom payment is authorized herein have taken, subscribed
					 and filed the oaths, including the oath set forth in Section
					 3103,
					 Government Code, required by law and have in writing declared themselves to be
					 citizens of the United States.
"That I have not violated any of the provisions of Article
					 4 of Division 4 of Title 1 (Sections
					 1090 to
					 1097, inclusive) of the Government
					 Code."
1.
					 Renumbering of former section
					 660.1 to section
					 633.8 filed 12-17-99; operative
					 12-17-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 51).
Note: Authority cited: Sections
						13920 and
						13921,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4.1 - Payroll Claims › Section 633.9 - Payroll Deductions for Charitable Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definitions
(1) California State Employees Charitable
				  Campaign (CSECC): The annual fundraising campaign of State employees for
				  charitable contributions through payroll deduction in State
				  workplaces.
(2) Board: The Victim
				  Compensation and Government Claims Board or VCGCB.
(3) Charity: An organization recognized as
				  tax exempt under Section
				  23701(d) of the
				  California Revenue and Tax Code and paragraph 3, subsection (c) of Section
				  501 of the United States Internal
				  Revenue Code.
(4) Combined Fund
				  Drive (CFD): A charitable organization as defined by (a)(3) above whose
				  principal fundraising function is to conduct workplace fundraising campaigns on
				  behalf of itself and multiple other affiliated charitable
				  organizations.
(5) Principal
				  Combined Fund Drive (PCFD): The CFD designated by the Board to conduct the
				  annual CSECC campaign in a given geographic area.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4.2 - State Contributions Under State Employees' Medical and Hospital Care Act › Section 634 - Claims for Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Authorization for contributions by the State under the State Employees' Medical
				  and Hospital Care Act shall be certified to the State Controller as follows:
"I hereby certify under penalty of perjury as
					 follows:
"That I am the duly appointed, qualified and acting officer
					 of the herein named state agency; that the foregoing action is in accordance
					 with the provisions of Part 5, Division 5 of Title 2 of the Government Code;
					 that payment by the State as provided by Sections
					 22825 and
					 22827 through
					 22829, inclusive, of the Government
					 Code is hereby approved."
(b) Upon certification of any payroll roster
				  change which may or may not affect cancellation of enrollment under the State
				  Employees' Medical and Hospital Care Act, authorization for contributions by
				  the State shall be certified to the State Controller as follows:
"Payment by the State when required under Sections
					 22825 and
					 22827 through
					 22829, inclusive, of the Government
					 Code is hereby approved."
(c) Each authorization shall constitute a
				  continuing claim for payment of the State's contribution until modified by a
				  subsequent authorization filed with the State Controller pursuant to this
				  section.
(d) Claims for these
				  payments are exempt from Sections
				  622,
				  623, and
				  650 through
				  655, inclusive.
1.
					 Renumbering of former article 6.1 to article 4.2 (section
					 634) and renumbering of former
					 section 664 to section
					 634 filed 12-17-99; operative
					 12-17-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 51). For prior history of article 4.2 (sections
					 636-636.3), see Register 87, No.
					 44.
Note: Authority cited: Sections
						13920 and
						13921,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5 - Claims of Persons Erroneously Convicted of Felonies › Section 640 - Presentation of Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Claims on behalf of persons erroneously convicted of felonies shall be
				  submitted on an "Erroneously Convicted Person Claim Form," Rev. July 2022,
				  hereby incorporated by reference, and provided by the Board or obtained on the
				  Board's website. Claimants must include the following:
(1) completed claim form with a statement of
				  facts signed under penalty of perjury that shows the crime did not occur or was
				  not committed by the claimant, and;
(2) supporting documentation as specified in
				  the claim form.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5 - Claims of Persons Erroneously Convicted of Felonies › Section 641 - Admissible Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  reaching its determination of the merits of the claim, claimant's denial of the
				  commission of the crime; reversal of the judgment of conviction; acquittal of
				  claimant on retrial; or, the decision of the prosecuting authority not to retry
				  claimant for the crime, may be considered by the Board.
(b) The Board may consider as substantive
				  evidence the prior testimony of witnesses claimant had an opportunity to
				  cross-examine, and evidence admitted in prior proceedings for which claimant
				  had an opportunity to object.
(c)
				  All relevant evidence shall be admitted if it is the sort of evidence on which
				  reasonable persons are accustomed to rely in the conduct of serious affairs.
				  Evidence is relevant if it has any tendency in reason to prove or disprove any
				  disputed fact that is of consequence to the determination of the
				  claim.
(d) Evidence that qualifies
				  under subdivision (c) may be admitted even though there is a common law or
				  statutory rule which might make its admission improper over objection in any
				  other proceeding.
(e) Objections to
				  and arguments about evidence may be considered when determining the weight to
				  be given to the evidence.
(f) The
				  Board may also consider any other information that it deems relevant to the
				  issue before it.
1. New
					 section filed 4-7-71 as an emergency; effective upon filing (Register 71, No.
					 15).
2. Amendment filed 8-4-71 as an emergency; effective upon
					 filing. Certificate of Compliance included (Register 71, No. 32).
3.
					 Amendment of section heading and section filed 10-4-2010; operative 11-3-2010
					 (Register 2010, No. 41).
4. Editorial correction of HISTORY 3
					 (Register 2010, No. 44).
5. Amendment of section heading and
					 subsections (a) and (c) and amendment of NOTE filed 11-23-2022; operative
					 1-1-2023 (Register 2022, No. 47).
Note: Authority cited: Section
						13920,
						Government Code; and Section
						4906, Penal
						Code. Reference: Sections
						4900,
						4902,
						4903 and
						4904, Penal
						Code; and Section
						210,
						Evidence Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5 - Claims of Persons Erroneously Convicted of Felonies › Section 642 - Rejection of Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Claims that are untimely or are otherwise not in compliance with Penal Code
				  sections
				  4900 and
				  4901 will be
				  rejected by a hearing officer and will not be heard or considered by the Board.
(1) A claim that fails to state facts upon
				  which relief may be granted is not in compliance with Penal Code sections
				  4900 and
				  4901.
(2) Successive or duplicative claims are not
				  in compliance with Penal Code sections
				  4900 and
				  4901. The Board
				  will consider on the merits only a single claim by a claimant challenging the
				  same underlying conviction.
(3) A
				  claim solely based upon a vacated conviction due to a change in the legal
				  definition of the crime, for example Penal Code section
				  1170.95, is not
				  in compliance with Penal Code sections
				  4900 and
				  4901. To be
				  compliant, the claim must allege that the claimant is innocent of the crime
				  with which they were erroneously convicted because the charged crime was either
				  not committed at all or not committed by the claimant under the law in effect
				  at the time the charged crime allegedly occurred.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5 - Claims of Persons Erroneously Convicted of Felonies › Section 643 - Pre-Hearing Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  At the discretion of the hearing officer, the parties may submit a pre-hearing
				  brief addressing the merits of the claim. The parties shall receive reasonable
				  notice of the time to submit a pre-hearing brief. Either party may waive
				  submission of a pre-hearing brief.
(b) Each party shall submit a pre-hearing
				  statement that discloses (1) the name of every person the party intends to call
				  as a witness at the hearing, (2) any exhibits to be proffered as evidence at
				  the hearing, and (3) an estimate of the amount of time needed by the party to
				  present their case at the hearing. The pre-hearing statement must be submitted
				  at least seven days before the hearing or as otherwise directed by the hearing
				  officer.
(c) The hearing officer
				  may conduct a pre-hearing conference in person or by electronic
				  means.
(d) The parties shall
				  receive reasonable notice of the time and location of a pre-hearing
				  conference.
(e) A pre-hearing
				  conference may address any of the following:
(1) clarification of issues;
(2) identity of witnesses;
(3) exchange of witness lists;
(4) limitation of the number of
				  witnesses;
(5) limitation of the
				  scope of a witness' testimony;
(6)
				  limitation of time allocated to a party's presentation of evidence;
(7) limitation of time allocated to a party's
				  cross-examination of witnesses;
(8)
				  exchange of exhibits;
(9)
				  objections to evidence;
(10) order
				  of presentation of evidence;
(11)
				  order of cross-examination of witnesses;
(12) stipulations;
(13) pre-hearing motions; and
(14) any other matters that will promote the
				  orderly and efficient conduct of the hearing.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5 - Claims of Persons Erroneously Convicted of Felonies › Section 644 - Conduct of Hearing Before Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a response from the
				  Attorney General, a hearing on the claim will be scheduled, taking into
				  consideration the availability of the parties, witnesses, and hearing officer.
				  The hearing officer shall provide at least 15 days' notice to the parties of
				  the date and location of the hearing. The claimant may waive the hearing and
				  elect to proceed on the written record. For claims proceeding under subdivision
				  (b) of Penal Code section
				  4900, the
				  hearing may be waived only if both the claimant and Attorney General agree to
				  proceed on the written record.
(b)
				  Hearings shall be open to public observation, unless otherwise provided by
				  law.
(c) Hearings will be conducted
				  in Sacramento unless the the hearing officer agrees to an alternative location
				  or appearance by electronic means.
(d) Except for claims proceeding under
				  subdivision (b) of Penal Code section
				  4900, the
				  claimant has the burden of proof on all issues necessary to establish
				  eligibility, including innocence and injury.
(1) The standard of proof is a preponderance
				  of the evidence.
(2) The parties
				  shall present evidence in the following order:
(A) the claimant;
(B) the Attorney General;
(C) the claimant, if they desire to offer any
				  evidence or testimony to rebut the Attorney General's evidence or
				  argument.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5 - Claims of Persons Erroneously Convicted of Felonies › Section 645 - Proposed Decision by Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer shall take the matter
				  under submission once the administrative record is closed.
(b) The hearing officer shall prepare a
				  proposed decision that is written and contains a statement of the factual and
				  legal bases for the proposed decision.
(c) If the factual basis for the proposed
				  decision includes a determination based substantially on the credibility of a
				  witness, the proposed decision shall identify specific evidence that supports
				  the credibility determination, which may include but is not limited to
				  demeanor, manner or attitude.
(d)
				  The proposed decision shall be based on evidence in the hearing record and on
				  matters subject to official notice under California Code of Regulations section
				  617.8.
(e) The hearing officer may use relevant
				  experience, technical competence and specialized knowledge to evaluate the
				  evidence.
(f) The proposed decision
				  may not deny a claim solely because the claimant failed to obtain a court
				  finding of factual innocence.
(g)
				  For claims proceeding under subdivision (b) of Penal Code section
				  4900, the
				  proposed decision may not deny a claim unless the overall weight of evidence,
				  which may include the trial record only in combination with other admissible
				  evidence, satisfies the Attorney General's burden of proof.
1. New
					 section filed 10-4-2010; operative 11-3-2010 (Register 2010, No.
					 41).
2. Editorial correction of HISTORY 1 (Register 2010, No.
					 44).
3. Amendment of subsection (a), new subsections (f)-(g) and
					 amendment of NOTE filed 11-23-2022; operative 1-1-2023 (Register 2022, No.
					 47).
Note: Authority cited: Section
						13920,
						Government Code; and Section
						4906, Penal
						Code. Reference: Sections
						1485.55,
						4900,
						4902,
						4903 and
						4904, Penal
						Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5 - Claims of Persons Erroneously Convicted of Felonies › Section 646 - Contempt and Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any party, representative, or witness in a proceeding under Penal Code section
				  4900 may be
				  subject to a contempt sanction as set forth in California Code of Regulations
				  section 618.3. A contempt sanction may be
				  based upon any threat of violence directed toward any participant in the
				  proceeding under section
				  4900, including
				  the hearing officer, Board, or any other staff member, whether made during or
				  after the proceeding has concluded.
(b) Any party, representative, or witness in
				  a proceeding under Penal Code section
				  4900 may be subject to sanctions as
				  set forth in California Code of Regulations section
				  618.4.
1. New
					 section filed 11-23-2022; operative 1-1-2023 (Register 2022, No. 47). For prior
					 history, see Register 67, No. 20.
Note: Authority cited: Section
						13920,
						Government Code; and Section
						4906, Penal
						Code. Reference: Sections
						11455.10,
						11455.20
						and
						11455.30,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 1 - General Provisions › Section 647 - Time for Presenting Claims. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						647 to new section
						648.1 filed 10-10-97 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 97, No. 41). For prior history, see Register 87, No.
						41.
Note: Authority cited: Section
						  13974,
						  Government Code. Reference: Section
						  13970,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 1 - General Provisions › Section 647.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
					 applies to:
(1) an application for assistance
					 to the Victim Compensation Program under Government Code sections
					 13950-
					 13966;
(2) an application for assistance as a minor
					 witness under Government Code section
					 13957(a)(2)(B)(iii);
					 and
(3) an application for
					 indemnification by persons benefiting the public under Government Code sections
					 13970-
					 13974.1.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 1 - General Provisions › Section 647.2 - Applicable Law

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 formal hearing provisions of the Administrative Procedure Act (Gov. Code,
					 §§
											11500-
					 11529) do
					 not apply.
(b) The alternative
					 dispute procedures of the Administrative Procedure Act (Gov. Code, §§
											11420.10-
					 11420.30)
					 do not apply.
(c) The declaratory
					 decision provisions of the Administrative Procedure Act (Gov. Code,
					 §§
											11465.10-
					 11465.70)
					 do not apply.
(d) If there is any
					 inconsistency or conflict between the provisions of California Code of
					 Regulations, title 2, article 2.5 and this article, the provisions of this
					 article shall apply to the applications stated in section
					 647.1.
1. Change
						without regulatory effect renumbering former section
						647.2 to new section
						648.3 filed 10-10-97 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 97, No. 41). For prior history, see Register 87, No.
						41.
2. 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.
3. Interim regulation
						transmitted to OAL 12-31-98 as a permanent rulemaking and filed 2-17-99;
						operative 2-17-99 pursuant to Government Code section
						11400.20
						(Register 99, No. 12).
4. Change without regulatory effect amending
						NOTE filed 11-3-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 45).
5. Amendment of section
						heading, section and NOTE filed 8-3-2009; operative 9-2-2009 (Register 2009,
						No. 32).
Note: Authority cited: Sections
						  11400.20,
						  13920 and
						  13974,
						  Government Code. Reference: Sections
						  11420.10(c),
						  11425.10(a)(2),
						  11465.70(c),
						  13959 and
						  13973,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 1 - General Provisions › Section 647.3 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
					 article:
(1) "Attorney" shall mean an active
					 member of the California Bar; and
(2) "Applicant" means a person submitting an
					 application as defined in subsection (a)(3);
(3) "Application" means the following:
(A) an application for assistance or a
					 supplemental claim to the Victim Compensation Program under Government Code
					 sections
					 13950-
					 13966;
(B) an application for assistance as a minor
					 witness under Government Code section
					 13957(a)(2)(B)(iii);
					 or
(C) an application for
					 indemnification by persons benefiting the public under Government Code sections
					 13970-
					 13974.1.
(4) "Hearing" means an evidentiary proceeding
					 for the determination of facts upon which the Board makes its
					 decision;
(5) "Hearing officer"
					 means a person appointed by the Executive Officer to preside at a
					 hearing;
(6) "Shall" means the
					 action or conduct is mandatory.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 1 - General Provisions › Section 647.5 - Duty to Furnish Correct Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant shall inform the Board of
					 the applicant's correct address.
(b) A representative of an applicant shall
					 inform the Board of the representative's correct address.
(c) An applicant or representative of an
					 applicant shall promptly inform the Board of any change of address of the party
					 or representative.
1. New
						section filed 8-3-2009; operative 9-2-2009 (Register 2009, No.
						32).
Note: Authority cited: Sections
						  11400.20,
						  13920 and
						  13974,
						  Government Code; Reference: Sections
						  13959 and
						  13973,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 2 - Pre-Hearing Procedure › Section 647.20 - Right to Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 applicant may request a hearing to contest any of the following actions:
(1) a staff recommendation that the Board
					 deny an application because there is not good cause for the late filing of an
					 application;
(2) a staff
					 recommendation that the Board deny, in whole or in part, an application or
					 supplemental claim; and
(3) a staff
					 determination that an applicant should reimburse the Program for an overpayment
					 of benefits.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 2 - Pre-Hearing Procedure › Section 647.20.1 - Hearing on the Written Record for Failure to State Basis to Grant Relief

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive
					 Officer or Hearing Officer may limit a hearing to the written record if the
					 request for a hearing fails to state a basis upon which the applicant may be
					 granted relief.
(b) Prior to making
					 a determination that the hearing will be limited to the written record, the
					 applicant shall be:
(1) notified that the
					 request fails to state a basis upon which the applicant may be granted relief;
					 and
(2) given thirty (30) calendar
					 days to submit written materials that either refute the reason for the denial,
					 or show that there is a basis upon which relief may be
					 granted.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 2 - Pre-Hearing Procedure › Section 647.21 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Board shall send a notice to the applicant and, if applicable, to the
					 applicant's representative of the following:
(1) the date, time and location of the
					 hearing;
(2) notice that the
					 hearing will be conducted electronically, if applicable; and
(3) information about how to request a copy
					 of the hearing procedures.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 2 - Pre-Hearing Procedure › Section 647.22 - Information About Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall provide information about the hearing
						rules and procedures upon request to applicants and
						representatives.
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 a permanent rulemaking with amendments and filed
						2-17-99; operative 2-17-99 pursuant to Government Code section
						11400.20
						(Register 99, No. 12).
3. Change without regulatory effect amending
						section and NOTE filed 11-3-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 45).
4. Amendment of section heading
						and section filed 8-3-2009; operative 9-2-2009 (Register 2009, No.
						32).
Note: Authority cited: Sections
						  11400.20,
						  13920 and
						  13974,
						  Government Code. Reference: Sections
						  11425.10(a)(2),
						  13959 and
						  13973,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 2 - Pre-Hearing Procedure › Section 647.23 - Representation of Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A representative shall provide written disclosure to an applicant if the person
					 represents any other person or entity with a financial interest in the outcome
					 of the application.
(1) The applicant must
					 provide written acknowledgment of receiving the disclosure and written consent
					 to the representation.
(2) The
					 representative's written disclosure and the acknowledgment and consent shall be
					 available upon request by the Board, Board staff, or the hearing
					 officer.
(3) A person who does not
					 have a written disclosure, acknowledgment of disclosure and consent to
					 representation as required by this section shall be prohibited from
					 representing an applicant at a hearing.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 2 - Pre-Hearing Procedure › Section 647.24 - Access to Application Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A representative may receive access to
					 personal information about an applicant in connection with a hearing if:
(1) the applicant authorizes it in
					 writing;
(2) an original
					 authorization is submitted to the Board;
(3) the applicant is entitled to have access
					 to the information; and
(4) access
					 is authorized by Government Code section
					 13954(d),
					 if applicable.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 2 - Pre-Hearing Procedure › Section 647.25 - Hearing by Electronic Means

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board or hearing officer may conduct
					 all or part of a hearing by telephone, videoconference, or other simultaneous
					 electronic means if the applicant:
(1) has an
					 opportunity to participate; and
(2)
					 has an opportunity prior to the hearing to request copies of the documentation
					 that is considered by the hearing officer.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 2 - Pre-Hearing Procedure › Section 647.26 - Request for Continuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A request for a continuance of a hearing must be in writing and submitted to
					 the Executive Officer as soon as the need for the request is known to the
					 party.
(b) A request for a
					 continuance that is made less than ten calendar days prior to the date of the
					 hearing may be granted only if good cause exists.
(c) A request for a continuance cannot be
					 based on the applicant or representative's cellular phone not functioning at
					 the time of a hearing that is being conducted by telephone.
1. New
						section filed 2-17-99; operative 2-17-99 pursuant to Government Code section
						11400.20
						(Register 99, No. 12).
2. Change without regulatory effect amending
						NOTE filed 11-3-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 45).
3. Amendment of subsection (b)
						and new subsection (c) filed 8-3-2009; operative 9-2-2009 (Register 2009, No.
						32).
Note: Authority cited: Sections
						  11400.20,
						  13920 and
						  13974,
						  Government Code. Reference: Sections
						  13959 and
						  13973,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 3 - Hearing Procedure › Section 647.30 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Executive Officer or hearing officer shall determine whether the hearing shall:
(1) be based upon the written record, by
					 electronic means, or in person; or
(2) include oral evidence taken under oath or
					 affirmation in a hearing.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 3 - Hearing Procedure › Section 647.31 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The technical
					 rules of evidence relating to evidence and witnesses shall not apply.
(b) The Board or hearing officer shall
					 control the taking of testimony and evidence in any manner suited to learning
					 the relevant facts and safeguarding the rights of the parties, including the
					 limitation or exclusion of:
(1) repetitious
					 evidence;
(2) irrelevant
					 evidence;
(3) evidence that is
					 tangential to the issues to be determined;
(4) evidence that is of limited probative
					 value; or
(5) evidence that is
					 unreliable.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 3 - Hearing Procedure › Section 647.32 - Burden of Proof

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 applicant shall have the burden of proof on all issues necessary to establish
					 eligibility.
(b) The Board shall
					 have the burden of proof on all issues necessary to disqualify an applicant
					 under Government Code section
					 13956,
					 subsections (a), (b), or (c).
(c)
					 The standard of proof is a preponderance of the evidence.
(d) If there is insufficient evidence that
					 the crime identified in the application occurred, the application may still be
					 considered eligible if there is a preponderance of evidence that a qualifying
					 crime occurred to the victim, even if it is not the crime for which the
					 application was submitted.
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 a permanent rulemaking with amendments and filed
						2-17-99; operative 2-17-99 pursuant to Government Code section
						11400.20
						(Register 99, No. 12).
3. Change without regulatory effect amending
						subsection (b) and NOTE filed 11-3-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 45).
4. New subsection (d) filed
						8-3-2009; operative 9-2-2009 (Register 2009, No.
						32).
Note: Authority cited: Sections
						  11400.20,
						  13920 and
						  13974,
						  Government Code. Reference: Sections
						  13959(e)
						  and
						  13973,
						  Government Code; and Graham v. State Board of Control (1995) 33 Cal.App.4th
						  253, 39 Cal.Rptr.2d 146.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 3 - Hearing Procedure › Section 647.33 - Exclusion of Public

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 hearing based upon an application under Government Code sections
					 13950-
					 13966
					 shall be closed to the public unless the applicant or the applicant's
					 representative requests that the hearing be open to the public.
(b) The Board or hearing officer shall not
					 exclude:
(1) Board members;
(2) the hearing officer;
(3) Board staff;
(4) the applicant;
(5) a minor applicant's parents or
					 guardians;
(6) the applicant's
					 representative;
(7) witnesses
					 during their testimony;
(8)
					 translator or interpreter; and
(9)
					 other persons of the applicant's choice to provide assistance to the applicant
					 during the hearing.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 3 - Hearing Procedure › Section 647.34 - Copies of Submitted Materials. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 a permanent rulemaking and filed 2-17-99;
						operative 2-17-99 pursuant to Government Code section
						11400.20
						(Register 99, No. 12).
3. Repealer filed 8-3-2009; operative
						9-2-2009 (Register 2009, No. 32).
Note: Authority cited: Sections
						  11400.20,
						  13920,
						  13968(a)
						  and
						  13974,
						  Government Code. Reference: Sections
						  13963 and
						  13973,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 3 - Hearing Procedure › Section 647.35 - Failure to Appear or Proceed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an applicant or representative either
					 fails to appear at a hearing, or fails to proceed, the Board or hearing officer
					 may base its decision on any material listed in section
					 647.31(e)(1)-(4).
(b) If an applicant does not answer the
					 telephone at the time of a scheduled telephone hearing, the Board or hearing
					 officer may base its decision on any material listed in section
					 647.31(e)(1)-(4).
(c) If an applicant or representative's
					 cellular telephone stops working during a scheduled telephone hearing and the
					 hearing officer is unable to reach the applicant or representative by
					 telephone, the hearing will be based on the material in the record up to that
					 point in time.
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 a permanent rulemaking with amendments and filed
						2-17-99; operative 2-17-99 pursuant to Government Code section
						11400.20
						(Register 99, No. 12).
3. Change without regulatory effect amending
						section and NOTE filed 11-3-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 45).
4. Amendment filed 8-3-2009;
						operative 9-2-2009 (Register 2009, No. 32).
Note: Authority cited: Sections
						  11400.20,
						  13920 and
						  13974,
						  Government Code. Reference: Sections
						  13959(e)
						  and
						  13973,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 3 - Hearing Procedure › Section 647.36 - Proposed Decision by Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer may take the matter
					 under submission at the conclusion of the hearing.
(b) The hearing officer shall prepare a
					 proposed decision that is:
(1) written;
					 and
(2) contains a statement of the
					 factual and legal bases for the decision.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 3 - Hearing Procedure › Section 647.37 - Notice and Public Comment on Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
						619.4 shall not apply to hearings
						under this article.
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 a permanent rulemaking and filed 2-17-99;
						operative 2-17-99 pursuant to Government Code section
						11400.20
						(Register 99, No. 12).
Note: Authority cited: Sections
						  11400.20,
						  13920 and
						  13974,
						  Government Code. Reference: Section
						  11125.7(d),
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 3 - Hearing Procedure › Section 647.37.1 - Action on Proposed Decision by Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer shall schedule
					 consideration of a hearing officer's proposed decision on the agenda of a Board
					 meeting.
(b) The Board shall
					 deliberate regarding the proposed decision in a closed session.
(c) The Board may take any of the following
					 actions concerning the proposed decision:
(1)
					 adopt the proposed decision in whole or in part;
(2) reject the proposed decision in whole or
					 in part; or
(3) defer decision and
					 request the hearing officer to address specific issues or obtain additional
					 information.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime › Subarticle 3 - Hearing Procedure › Section 647.38 - Requests for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Requests for reconsideration filed by applicants or their
						representatives in accordance with Section
						13959(i) of the
						Government code shall be accepted by the Board only after the Board has acted
						on the application or supplemental claim at a hearing following a notice of
						staff recommendation to the Board to deny or deny in part. Requests for
						reconsideration shall not be granted unless the applicant produces to the Board
						new and additional evidence not reasonably available to the applicant at the
						time of the hearing. Nothing in this section shall be construed to prevent the
						Board from granting reconsideration on its own motion.
1. Change
						without regulatory effect renumbering former section
						649.21 to new section
						647.38 and amending section filed
						11-3-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 45).
2. Amendment of section and
						NOTE filed 8-3-2009; operative 9-2-2009 (Register 2009, No.
						32).
Note: Authority cited: Section
						  13974,
						  Government Code. Reference: Sections
						  13954,
						  13956,
						  13959 and
						  13960,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.5 - Indemnification of Citizens Benefiting the Public › Section 648.1 - Time for Presenting Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
There shall be presented to the Board all claims filed by
					 citizens who have benefited the public through their actions as "good
					 Samaritans" to the people around them. A claim filed under this article shall
					 be presented to the Victim Compensation and Government Claims Board no later
					 than one year after occurrence of the injury or damage. A claim filed after
					 such shall not be considered unless the Board determines that, for good
					 sufficient reason, the claim was not filed within said
					 period.
1. Change
					 without regulatory effect renumbering former section
					 647 to new section
					 648.1 filed 10-10-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 41). For prior history, see Register 87, No.
					 41.
2. Change without regulatory effect amending section filed
					 11-3-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 45).
Note: Authority cited: Section
						13974,
						Government Code. Reference: Section
						13970,
						Government Code.