Title 17, Chapter 15, Section 6
( 17-15-6)
(a) A claim, once accepted for filing and completed, must be
assigned to an investigator. The investigator shall examine the
papers filed in support of the claim and cause an investigation to
be conducted into the validity of the claim. The investigation
shall include, but not be limited to, an examination of law
enforcement, court, and official records and reports concerning the
crime and an examination of medical, financial, and hospital reports
relating to the injury or loss upon which the claim is based. All
claims arising from the death of an individual as a direct result of
a crime must be considered together by a single investigator. (b) Claims must be investigated and determined regardless of whether
the alleged criminal has been apprehended, prosecuted, or convicted
of any crime based upon the same incident or whether the alleged
criminal has been acquitted or found not guilty of the crime in
question. (c) The investigator conducting the investigation shall file with
the director a written report setting forth a recommendation and the
investigator's reason therefor. The director shall render a
decision and furnish the victim or claimant with a copy of the
report if so requested. In cases where an investigative report is
provided, information deemed confidential in nature shall be
excluded. (d) The claimant may, within 30 days after receipt of the report of
the decision of the director, make an application in writing to the
director for review of the decision. (e) Upon receipt of an application for review pursuant to subsection
(d) of this Code section, the director shall forward all relevant
documents and information to the board. The board shall review the
records and affirm or modify the decision of the director. If
considered necessary by the board or if requested by the claimant,
the board shall order a hearing prior to rendering a decision. At
the hearing, any relevant evidence not legally privileged is
admissible. The board shall render a decision within 90 days after
completion of the investigation. If the director receives no
application for review pursuant to subsection (d) of this Code
section, the director's decision becomes final. (f) The board, for purposes of this chapter, may subpoena witnesses,
administer or cause to be administered oaths, and examine such parts
of the books and records of the parties to proceedings as relate to
questions in dispute. (g) The director shall, within ten days after receipt of the board's
final decision, make a report to the claimant including a copy of
the final decision and the reasons why the decision was made. |