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Session Laws, 1968
Volume 683, Page 807   View pdf image
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SPIRO T. AGNEW, Governor                          807

or indebtedness reasonably incurred for medical care or other
services necessary as a result of the injury upon which such claim
is based.

8.    Determination of claims.

(a)    A claim, when accepted for filing, shall be assigned by the
chairman to himself or to another member of the Board. All claims
arising from the death of an individual as a direct result of a crime,
shall be considered together by a single Board member.

(b)    The Board member to whom such claim is assigned shall
examine the papers filed in support of the claim and shall there-
upon cause an investigation to be conducted into the validity of
the claim. The investigation shall include, but not be limited to,
an examination of police, court and official records and reports con-
cerning the crime and an examination of medical and hospital re-
ports relating to the injury upon which the claim is based.

(c)    Claims shall be investigated and determined, regardless of
whether the alleged criminal has been apprehended or prosecuted
for or convicted of any crime based upon the same incident, or has
been acquitted, or found not guilty of the crime in question owing
to criminal responsibility or other legal exemption.

(d)    The Board member to whom a claim is assigned may decide
the claim in favor of a claimant on the basis of the papers filed
in support thereof and the report of the investigation of the claim.
If the Board member is unable to decide the claim upon the basis
of the said papers and report, he shall order a hearing. At the
hearing any relevant evidence, not legally privileged, shall be admis-
sible.

(e)  After examining the papers filed in support of the claim
and the report of investigation, and after a hearing, if any, the
Board member to whom the claim was assigned shall make a decision
either granting an award pursuant to Section 12 of this Article
or deny the claim.

(f)    The Board member making a decision shall file with the
secretary a written report setting forth such decision and his reasons
therefor. The secretary shall thereupon notify the claimant and
furnish him a copy of such report,
UPON REQUEST.

9.    Consideration of decisions by full Board.

(a)    The claimant may, within thirty days after receipt of the
report of the Board member to whom his claim was assigned, make
an application in writing to the Board for consideration of the deci-
sion by the full Board.

(b)    Upon receipt of an application pursuant to subsection (a)
of this Section
OR UPON ITS OWN MOTION, the Board shall re-
view the record and affirm or modify the decision of the Board mem-
ber to whom the claim was assigned. The action of the Board in
affirming or modifying such decision shall be final. If the Board re-
ceives no application pursuant to subsection (a) of this Section
OR
TAKES NO ACTION UPON ITS OWN MOTION the decision of the
Board member to whom the claim was assigned shall become the final
decision of the Board.


 

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Session Laws, 1968
Volume 683, Page 807   View pdf image
 Jump to  
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