2007 California Government Code Article 5. Hearings And Judicial Review

CA Codes (gov:13959-13960)

13959.  (a) The board shall grant a hearing to an applicant who
believes he or she is entitled to compensation pursuant to this
chapter to contest a staff recommendation to deny compensation in
whole or in part.
   (b) The board shall notify the applicant not less than 10 days
prior to the date of the hearing. Notwithstanding Section 11123, if
the application that the board is considering involves either a crime
against a minor, a crime of sexual assault, or a crime of domestic
violence, the board may exclude from the hearing all persons other
than board members and members of its staff, the applicant for
benefits, a minor applicant's parents or guardians, the applicant's
representative, any witnesses, and other persons of the applicant's
choice to provide assistance to the applicant during the hearing.
However, the board may not exclude persons from the hearing if the
applicant or applicant's representative requests that the hearing be
open to the public.
   (c) At the hearing, the person seeking compensation shall have the
burden of establishing, by a preponderance of the evidence, the
elements for eligibility under Section 13955.
   (d) Except as otherwise provided by law, in making determinations
of eligibility for compensation and in deciding upon the amount of
compensation, the board shall apply the law in effect as of the date
an application was submitted.
   (e) The hearing shall be informal and need not be conducted
according to the technical rules relating to evidence and witnesses.
The board may rely on any relevant evidence if it is the sort of
evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any common
law or statutory rule that might make improper the admission of the
evidence over objection in a civil action. The board may rely on
written reports prepared for the board, or other information
received, from public agencies responsible for investigating the
crime. If the applicant or the applicant's representative chooses not
to appear at the hearing, the board may act solely upon the
application for compensation, the staff's report, and other evidence
that appears in the record.
   (f) Hearings shall be held in various locations with the frequency
necessary to provide for the speedy adjudication of the
applications. If the applicant's presence is required at the hearing,
the board shall schedule the applicant's hearing in as convenient a
location as possible.
   (g) The board may delegate the hearing of applications to hearing
officers.
   (h) The decisions of the board shall be in writing. Copies of the
decisions shall be delivered to the applicant or to his or her
representative personally or sent to them by mail.
   (i) The board may order a reconsideration of all or part of a
decision on written request of the applicant. The board may not grant
more than one request for consideration with respect to any one
decision on any application for compensation. The board may not
consider any request for consideration filed with the board more than
30 calendar days after the personal delivery or 60 calendar days
after the mailing of the original decision.
   (j) The board may order a reconsideration of all or part of a
decision on its own motion, at its discretion, at any time.



13960.  (a) Judicial review of a final decision made pursuant to
this chapter may be had by filing a petition for a writ of mandate in
accordance with Section 1094.5 of the Code of Civil Procedure.  The
right to petition shall not be affected by the failure to seek
reconsideration before the board.  The petition shall be filed as
follows:
   (1) Where no request for reconsideration is made, within 30
calendar days of personal delivery or within 60 calendar days of the
mailing of the board's decision on the application for compensation.

   (2) Where a timely request for reconsideration is filed and
rejected by the board, within 30 calendar days of personal delivery
or within 60 calendar days of the mailing of the notice of rejection.

   (3) Where a timely request for reconsideration is filed and
granted by the board, or reconsideration is ordered by the board,
within 30 calendar days of personal delivery or within 60 calendar
days of the mailing of the final decision on the reconsidered
application.
   (b) (1) In an action resulting in the issuance of a writ of
mandate pursuant to this section the court may order the board to pay
to the applicant's attorney reasonable attorney's fees or one
thousand dollars (,000), whichever is less.  If action is taken by
the board in favor of the applicant in response to the filing of the
petition, but prior to a judicial determination, the board shall pay
the applicant's costs of filing the petition.
   (2) In case of appeal by the board of a decision on the petition
for writ of mandate that results in a decision in favor of the
applicant, the court may order the board to pay to the applicant's
attorney reasonable attorney fees.
   (3) Nothing in this section shall be construed to prohibit or
limit an award of attorney's fees pursuant to Section 1021.5 of the
Code of Civil Procedure.