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Chapter 80
Violent Crimes Compensation Board

Section

10. Applications for compensation.

15. Investigation and consideration.

20. Hearings.

30. Attorney fees.

40. (Repealed).

50. Standards for compensation.

60. Awarding compensation.

65. Recommencing suspended proceedings.

70. Finality of awards.

80. Recovery from a collateral source.

90. Emergency compensation.

100. Recovery from an offender.

110. Definitions.

Editor's note: As of Register 71, material formerly in 7 AAC 77 was transferred to 13 AAC 80, to reflect the relocation of the Violent Crimes Compensation Board by sec. 1, ch. 87, SLA 1978. As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated the previously transferred material from 13 AAC 80 to 2 AAC 80, to reflect Executive Order 109. Executive Order 109 relocated the Violent Crimes Compensation Board from the Department of Public Safety to the Department of Administration. The history notes for provisions relocated to 2 AAC 80 carry forward the history from both former 13 AAC 80 and former 7 AAC 77.

2 AAC 80.010. Applications for compensation

(a) All applications for compensation shall be made on the form authorized by the board. In order for the board to consider the claim, the claimant must supply in full the information required by the board, including the claimant's social security number. Additional sheets may be used, as necessary, to complete descriptions of the injury, incident, or expenses. For minors, the mentally incompetent, or persons unable to make applications for compensation themselves, claims may be filed by a parent, guardian, or other individual authorized to administer the injured person's estate.

(b) The applicant shall submit those medical reports and examination results that are reasonably available. On the basis of their potential relative importance or material aid to the determination of the board, the board will order additional medical reports by an impartial medical expert concerning the previous medical history of the claimant, the injuries sustained by the claimant, or the death of the claimant, as well as any examinations of the claimant.

(c) The board will make application forms available at the board office and at all law enforcement agencies in the state.

(d) Proof of prior maintenance acceptable to the board must be filed in claims requesting reimbursement for expenses incurred in the death of a dependent victim.

(e) In order to perform its duties and responsibilities under AS 18.67, the board may request and collect claimants' social security numbers for the purpose of identity verification and payment of claims.

History: Eff. 6/30/73, Register 46; am 12/20/75, Register 56; am 10/29/99, Register 152; am 9/30/2009, Register 191

Authority: AS 18.67.030

AS 18.67.060

AS 45.48.470

Editor's note: A person may obtain an application form by writing to the Violent Crimes Compensation Board at P.O. Box 111200, Juneau, AK, 99811-1200, by calling the board at (800) 764-3040, or by visiting the board's web site at http://doa.alaska.gov/vccb/pdf/application.pdf.

As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 13 AAC 80.010 to 2 AAC 80.010, to reflect Executive Order 109 (2003). Executive Order 109 relocated the Violent Crimes Compensation Board from the Department of Public Safety to the Department of Administration. The history note for 2 AAC 80.010 carries forward the history from former 13 AAC 80.010.

2 AAC 80.015. Investigation and consideration

(a) Upon receipt of the application, the administrator shall investigate the claim.

(b) Upon completion of investigation, the administrator shall present the claim to the board at its next meeting. The board will grant an award, deny the claim, order a hearing, or request further investigation or information, and will notify the claimant or the claimant's attorney of its decision.

History: Eff. 12/20/75, Register 56

Authority: AS 18.67.060

AS 18.67.080

Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 13 AAC 80.015 to 2 AAC 80.015, to reflect Executive Order 109 (2003). Executive Order 109 relocated the Violent Crimes Compensation Board from the Department of Public Safety to the Department of Administration. The history note for 2 AAC 80.015 carries forward the history from former 13 AAC 80.015. In addition, the regulations attorney made a technical change in 2 AAC 80.015(b) .

2 AAC 80.020. Hearings

(a) If the board's decision was rendered without a hearing, the claimant may, within 30 days after receipt of the decision, make request for a hearing. When issuing its decision, the board will notify the claimant of the claimant's right to a hearing.

(b) When a hearing is ordered, notice of the hearing, giving the time, date, and place set by the board, will be sent to the claimant or the claimant's attorney by registered mail no less than 20 days before the date on which the hearing is scheduled.

(c) The four cities regularly designated by the board as hearing sites are Anchorage, Fairbanks, Juneau, and Ketchikan. The most proximate and convenient site will be assigned each application for which a hearing is set. Hearings will be held in outlying areas when attendance of the claimant and witnesses would be prohibitive due to their financial circumstances and subject to the request of the claimant or the claimant's attorney before the scheduling of a hearing in one of the designated sites.

(d) Hearing proceedings will be recorded in full on magnetic tape or cassette recording equipment.

(e) Whenever the board is required to use its power of subpoena to secure the attendance of any person, the person so summoned will be allowed a reasonable time to arrange for that person's attendance. A reasonable period of time for preparation and submittal will be granted as well to the individual or agency responsible for the submission of additional pertinent documents subpoenaed by the board. In any case, subpoenas will be served no less than 14 days before the hearing date.

(f) Throughout the claim procedure the claimant may be, but is not required to be, represented by legal counsel. Additionally, witnesses called for the hearings or voluntarily wishing to give evidence may be represented by legal counsel.

(g) Hearings are open to the public unless the board, on the request of the claimant or the claimant's attorney, or on its own motion, limits attendance to those persons necessary to the proceedings as permitted by AS 44.62.310 (c)(2) and (d).

(h) A hearing officer, licensed to practice law in the state, will be appointed to preside at hearings when the board is unable to do so. Within a reasonable period of time after a hearing at which a hearing officer presided, the hearing officer shall report the hearing officer's findings of fact and conclusions of law, together with the reasons for them, to the board. The board may request a personal narrative from the hearing officer if such a narrative would be helpful in making a determination on a claim.

History: Eff. 6/30/73, Register 46; am 12/20/75, Register 56

Authority: AS 18.67.040

AS 18.67.060

Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 13 AAC 80.020 to 2 AAC 80.020, to reflect Executive Order 109 (2003). Executive Order 109 relocated the Violent Crimes Compensation Board from the Department of Public Safety to the Department of Administration. The history note for 2 AAC 80.020 carries forward the history from former 13 AAC 80.020. In addition, the regulations attorney made technical changes in 2 AAC 80.020.

2 AAC 80.030. Attorney fees

(a) Repealed 12/20/75.

(b) The attorney shall present to the board a statement of services rendered upon which the board may base an award of attorney fees.

History: Eff. 6/30/73, Register 46; am 12/20/75, Register 56

Authority: AS 18.67.050

AS 18.67.060

Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 13 AAC 80.030 to 2 AAC 80.030, to reflect Executive Order 109 (2003). Executive Order 109 relocated the Violent Crimes Compensation Board from the Department of Public Safety to the Department of Administration. The history note for 2 AAC 80.030 carries forward the history from former 13 AAC 80.030.

2 AAC 80.040. Regulations

Repealed 12/20/75.

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