Maine Revised Statutes Title 5 Sec. 3360-F – Determination of award
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1. Hearings. The board may hold a hearing on any claim and the board shall hold a hearing if requested by the claimant. The claimant may address the board at a hearing on the claim and the board may take testimony under oath.
[PL 1991, c. 806, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 3360-F
- Crime: means one of the following:
A. See Maine Revised Statutes Title 5 Sec. 3360Eligible expenses and losses: means expenses and losses resulting from a personal injury sustained by an individual as a direct result of a crime specified in subsection 3 and may include medical and medically related expenses, psychological or mental health counseling expenses, lost wages, funeral, burial and other homicide-related expenses and travel expenses and loss of income of a claimant or family member for providing or obtaining care for the personal injury of a minor or incapacitated victim. See Maine Revised Statutes Title 5 Sec. 3360 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Personal injury: means bodily injury as defined in Title 17?A, section 2, subsection 5 or psychological injury incurred by a victim who has sustained the threat of bodily injury. See Maine Revised Statutes Title 5 Sec. 3360 Quorum: The number of legislators that must be present to do business. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. Information. In addition to the material and information required by law and by the board, the claimant may provide the board with any other information pertinent to the nature or the amount of the claim. The board shall receive and consider information provided by law enforcement agencies and prosecution authorities and, at its sole discretion, may receive and consider relevant information from any other source.
[PL 1997, c. 378, §10 (AMD).]
3. Determination of award. The board shall determine by a preponderance of the evidence whether a specified crime occurred, whether the personal injury or death was the result of that criminal conduct, the amount of eligible expenses and losses suffered by the claimant, whether to award compensation and the amount of the compensation. In determining the amount of compensation to be paid, the board shall consider the amount available to pay victim compensation claims, the history of claims paid by the board, the number and amount of currently pending claims and the nature and cost of expenses submitted by the claimant.
[PL 1999, c. 360, §8 (AMD); PL 1999, c. 360, §9 (AFF).]
4. Unanimous decision. The board shall determine action on a claim with a quorum participating on that claim, but any award of compensation requires the unanimous concurrence of all members present.
[PL 1991, c. 806, §3 (NEW).]
5. Final decision. The board’s final decision must contain reasons for the determination.
[PL 1991, c. 806, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 806, §3 (NEW). PL 1997, c. 378, §10 (AMD). PL 1999, c. 360, §8 (AMD). PL 1999, c. 360, §9 (AFF).