Rule 6 Appointment of Crime Victims Compensation Appeals Board members

and alternates; designation of Chairperson; conduct of meetings; compensable expenses; conflicts of interest.

(a) A Crime Victims Compensation Appeals Board ("Board") shall be established and shall consist of five members from among the qualified membership of the Advisory Commission, appointed by the Chief Judge to serve at his or her pleasure. At least one of the members must be an attorney. The Chief Judge may appoint qualified members of the Advisory Commission to serve as alternates on the Board in the event of the unavailability of a Board member. Three Board members shall constitute a quorum, provided that either the Chairperson or person designated to act as presiding officer in his or her absence is present.

(b) The Chief Judge shall designate one member of the Appeals Board to serve as Chairperson. The Chairperson shall serve as the presiding officer at all Board meetings and hearings on contested claims. In the absence of the Chairperson, the Chairperson shall designate a Board member to serve as presiding officer.

(c) The Appeals Board shall meet at least quarterly at the call of the Chairperson to consider contested compensation claims. At least five days prior to the scheduled meeting, the Program shall forward to the members of the Board and alternate Board members the appeal documents and record of all cases in which an appeal has been filed. The Chairperson, or the member designated to act as presiding officer in his or her absence, shall prepare an agenda for each meeting and forward the agenda to each Board member, alternate Board member, and the Program prior to the scheduled meeting. The Board shall consider each case on the agenda and determine by majority vote of the quorum whether the determination of the Program shall be affirmed, modified, or reversed, or whether a hearing should be held prior to a decision of the Board.

(d) Appeals Board members shall not be compensated, but may be reimbursed for reasonable out-of-pocket expenses directly related to the Board's meetings. Requests for reimbursement must be in writing, supported by receipts and filed with the Program within 20 days of the meeting or hearing for which expense compensation is sought. Reimbursement for expenses shall not exceed twenty dollars per member per meeting.

(e) An Appeals Board member who becomes aware of a conflict of interest shall report it immediately, in writing, to the Chief Judge upon learning of the conflict. A conflict shall exist if a Board member is aware of any circumstances which would impair the Appeals Board member's ability to make an impartial decision concerning the claim, including but not limited to (1) a personal or professional relationship between the Board member and the claimant, offender, or an immediate family member of the claimant; or (2) personal knowledge of the crime for which compensation is sought or persons related in any way to the crime. The Chief Judge shall make a determination as to the existence of a conflict and appoint an alternate, if necessary.