19.2-368.6 - Assignment of claims; investigation; hearing; confidentiality of records; decisions.
§ 19.2-368.6. Assignment of claims; investigation; hearing; confidentialityof records; decisions.
A. A claim, when accepted for filing, shall be properly investigated, and, ifnecessary, assigned by the chairman to a commissioner, deputy commissioner orother proper party for disposition. All claims arising from the death of anindividual shall be considered together by the same person.
B. The person to whom such claim is assigned shall examine the papers filedin support of the claim and shall thereupon cause an investigation to beconducted into the validity of the claim. The investigation shall include,but not be limited to, an examination of police, court and official recordsand reports concerning the crime, and an examination of medical and hospitalreports relating to the injury upon which the claim is based. Health careproviders, as defined in § 8.01-581.1, shall provide medical and hospitalreports relating to the diagnosis and treatment of the injury upon which theclaim is based to the Commission, upon request.
C. Claims shall be investigated and determined, regardless of whether thealleged criminal has been apprehended or prosecuted for, or convicted of, anycrime based upon the same incident, or has been acquitted, or found notguilty of the crime in question owing to a lack of criminal responsibility orother legal exemption.
D. There shall be a rebuttable presumption that the claimant did notcontribute to and was not responsible for the infliction of his injury.
E. The person to whom a claim is assigned may decide the claim in favor of aclaimant on the basis of the papers filed in support thereof and the reportof the investigation of the claim. If he is unable to decide the claim, uponthe basis of the said papers and report, he shall order a hearing. At thehearing any relevant evidence, not legally privileged, shall be admissible.The hearing of any claim involving a claimant or victim who is a juvenileshall be closed. All records, papers, and reports involving such claim shallbe confidential except as to the amount of the award and nonidentifyinginformation concerning the claimant or victim.
F. For purposes of this chapter, confidentiality provided for by lawapplicable to a claimant's or victim's juvenile court records shall not beapplicable to the extent that the Commission shall have access to thoserecords only for the purposes set forth in this chapter.
G. After examining the papers filed in support of the claim, and the reportof investigation, and after a hearing, if any, a decision shall be madeeither granting an award pursuant to § 19.2-368.11:1 of this chapter ordenying the claim.
H. The person making a decision shall issue a written report setting forthsuch decision and his reasons therefor, and shall notify the claimant andfurnish him a copy of such report.
(1976, c. 605; 1977, c. 215; 1994, c. 834; 1997, c. 528; 1998, c. 484.)