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Session Laws, 1988
Volume 770, Page 2603   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 250

(c)  The Secretary, with the approval of the Governor, shall
designate one member of the Board as chairman, to serve at the
pleasure of the Secretary.

(d)  The members of the Board shall devote such time as is
necessary to perform the duties imposed upon them. They shall
receive an annual salary as may be provided in the annual budget.

8.

(a)  A claim, when accepted for filing, shall be assigned by
the chairman to [himself or to another member] 3 MEMBERS 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] BY 3 BOARD MEMBERS. The chairman may
reassign cases as necessary.

(b)  The Board [member] MEMBERS to whom [such] THE claim is
assigned shall examine the papers filed in support of the claim
and shall thereupon 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 concerning the crime and an examination of
medical and hospital reports 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] MEMBERS 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.] RECOMMEND A TENTATIVE DECISION AND
ADVISE THE CLAIMANT OF THAT RECOMMENDATION. THE CLAIMANT MAY
REQUEST A HEARING BEFORE THE BOARD MEMBERS FOR THE PURPOSE OF
PRESENTING ADDITIONAL INFORMATION. If the Board [member is]
MEMBERS ARE unable to decide the claim upon the basis of the said
papers and report, [he] THEY shall order a hearing. At the
hearing any relevant evidence, not legally privileged, shall be
admissible.

(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] MEMBERS to whom the claim was assigned
shall make a decision either granting an award pursuant to § 12
of this article or deny the claim.

(f)  The Board [member] MEMBERS making a decision shall file
with the secretary a written report setting forth [such] THE

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Session Laws, 1988
Volume 770, Page 2603   View pdf image
 Jump to  
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