19.2-368.3 - Powers and duties of Commission.
§ 19.2-368.3. Powers and duties of Commission.
The Commission shall have the following powers and duties in theadministration of the provisions of this chapter:
1. To adopt, promulgate, amend and rescind suitable rules and regulations tocarry out the provisions and purposes of this chapter, to include a distinctpolicy (i) for the payment of physical evidence recovery kit examinations and(ii) to require each health care provider as defined in § 8.01-581.1 thatprovides services under this chapter to negotiate with the Commission or itsdesignee to establish prospective agreements relating to rates for payment ofclaims for such services allowed under § 19.2-368.11:1, such rates todischarge the obligation to the provider in full except where the provider isan agency of the Commonwealth and the claimant receives a third partyrecovery in addition to the payment from the Fund.
2. Notwithstanding the provisions of § 2.2-3706, to acquire from theattorneys for the Commonwealth, State Police, local police departments,sheriffs' departments, and the Chief Medical Examiner such investigativeresults, information and data as will enable the Commission to determine if,in fact, a crime was committed or attempted, and the extent, if any, to whichthe victim or claimant was responsible for his own injury. These data shallinclude prior adult arrest records and juvenile court disposition records ofthe offender. For such purposes and in accordance with § 16.1-305, theCommission may also acquire from the juvenile and domestic relations districtcourts a copy of the order of disposition relating to the crime. The use ofany information received by the Commission pursuant to this subdivision shallbe limited to carrying out the purposes set forth in this section, and thisinformation shall be confidential and shall not be disseminated further. Theagency from which the information is requested may submit original reports,portions thereof, summaries, or such other configurations of information aswill comply with the requirements of this section.
3. To hear and determine all claims for awards filed with the Commissionpursuant to this chapter, and to reinvestigate or reopen cases as theCommission deems necessary.
4. To require and direct medical examination of victims.
5. To hold hearings, administer oaths or affirmations, examine any personunder oath or affirmation and to issue summonses requiring the attendance andgiving of testimony of witnesses and require the production of any books,papers, documentary or other evidence. The powers provided in this subsectionmay be delegated by the Commission to any member or employee thereof.
6. To take or cause to be taken affidavits or depositions within or withoutthe Commonwealth.
7. To render each year to the Governor and to the General Assembly a writtenreport of its activities.
8. To accept from the government of the United States grants of federalmoneys for disbursement under the provisions of this chapter.
(1976, c. 605; 1984, c. 619; 1986, c. 422; 1990, c. 551; 1992, c. 547; 1998,c. 484; 1999, cc. 703, 726; 2008, cc. 203, 251; 2010, c. 780.)