(a) The clerk of the West Virginia Legislative Claims Commission, upon receipt of the claim investigator’s finding of fact and recommendation, shall forward a copy of the finding of fact and recommendation to the claimant with a notice informing the claimant that any response, in the form of objections or comments directed to the finding of fact and recommendation, must be filed with the clerk within thirty days of the date of the notice. After the expiration of such thirty-day period, the clerk shall assign the claim to a commissioner.
(b) The commissioner to whom the claim is assigned shall review the finding of fact and recommendation and any response submitted by the claimant and, if deemed appropriate, may request the claim investigator to comment in writing on the claimant’s response. The commissioner shall, within forty-five days after assignment by the clerk, evaluate the claim without a hearing and either deny the claim or approve an award of compensation to the claimant.
Structure West Virginia Code
Chapter 14. Claims Due and Against the State
Article 2A. Compensation Awards to Victims of Crimes
§14-2A-2. Legislative Findings; Purpose and Intent
§14-2A-4. Creation of Crime Victims Compensation Fund
§14-2A-6. Compensation of Commissioners Serving Under This Article
§14-2A-8. Commissioners' Oath of Office
§14-2A-9. Claim Investigators; Compensation and Expenses; Paralegals and Support Staff
§14-2A-10. Filing of Application for Compensation Award; Contents
§14-2A-11. Procedure for Filing of Application
§14-2A-12. Investigation and Recommendations by Claim Investigator
§14-2A-14. Grounds for Denial of Claim or Reduction of Awards; Maximum Award
§14-2A-14a. Establishing a Limitation on Benefits
§14-2A-17. Contempt Sanction Not Available
§14-2A-18. Effect of No Criminal Charges Being Filed or Conviction of Offender
§14-2A-19. Attorney and Witness Fees
§14-2A-19b. Rates and Limitations for Health Care Services
§14-2A-20. Budget Preparation; Procedure for Payment of Claims
§14-2A-21. Annual Report of West Virginia Legislative Claims Commission
§14-2A-22. State's Subrogation to Claimant's Rights
§14-2A-23. Subrogation Rights of Collateral Source
§14-2A-24. Award Not Subject to Execution or Attachment; Exceptions
§14-2A-27. Application of Article