Cal. Code Regs. Tit. 2, § 649 - Definitions
(a) As used in this
article:
(1) "Applicant" means a person
submitting either an application as defined in subsection (a)(2) or a
supplemental claim as defined in subsection (a)(23).
(2) "Application" means an initial
application for assistance to the California Victim Compensation Board (CalVCB)
under Government Code sections
13950-
13974.5.
(3) "Board" means the California Victim
Compensation Board or CalVCB.
(4)
"Certification under penalty of perjury" or "upon information and belief" as
applied to the filing of an application or supplemental claim means a single
signature under penalty of perjury or information and belief as required to
certify that the contents of the application or supplemental claim are true and
correct within the knowledge or belief of the applicant.
(5) "Code" means the California Government
Code.
(6) "Denial of the
application" as used in Section 13958 of the code and as construed for purposes
of the Board hearing process means a preliminary determination and
recommendation for disallowance by CalVCB staff and shall not be construed to
mean a final administrative decision following a hearing by the Board to deny
the application or supplemental claim.
(7) "Derivative victim" means the same as in
Government Code section
13951(c).
(8) "Direct payment" as used in Section
13957.7(c)(1) of the code shall be those payments sent directly to providers
when there is no objection by the victim or derivative victim, or when good
cause is demonstrated, notwithstanding a victim's or derivative victim's
objection.
(9) "Family member"
means a person who is related to the victim at the time of the qualifying crime
by blood, marriage, registered domestic partnership, or adoption.
(10) "Fiance" or "fiancee" means a person who
is engaged to be married or an unregistered domestic partner in a similar
relationship.
(11) "File" or
"filed" as it applies to an application or supplemental claim for CalVCB
benefits means submitting the application or supplemental claim to the CalVCB.
An application or supplemental claim shall be deemed filed with the CalVCB on
the date that the application or supplemental claim is postmarked by the United
States Postal Service or other private carrier postage prepaid and properly
addressed, or on the date that it is personally delivered to the
CalVCB.
(12) "Fund" means the
Restitution Fund as set forth in Government Code section
13964.
(13) "Hearing" means the same as under
article 2.5 of these regulations.
(14) "Joint powers victim witness center"
means an agency under contract with the Board to process applications under
Government Code section
13954(c).
(15) "Law enforcement agency" includes but is
not limited to:
(A) an agency from California
or another state that investigates or prosecutes violations of law that are
comparable to agencies listed in Section 13951(d) and
(B) Federal agencies that investigate or
prosecute violations of law.
(16) "May" means that the conduct or
requirement is permissive and discretionary.
(17) "Qualifying crime" means a crime as
defined in Government Code section
13951(b)
that resulted in one of the following:
(A)
injury to the victim;
(B) threat of
injury to the victim; or
(C) the
death of the victim.
(18)
"reimbursement sources" shall include but not be limited to the following types
of benefits:
(A) All forms of private and
public insurance benefits paid to or on behalf of the insured victim, the
victim's survivors, or derivative victim, including medical, disability, wage
loss, funeral/burial insurance, liability and casualty insurance, including
vehicle, commercial and residential insurance.
(B) All forms of public and private
assistance paid to, or on behalf of, the victim, the victim's survivors, or
derivative victim, including Medi-Cal, social security, state disability
insurance, workers' compensation and Medicare.
(C) Any salary or bereavement leave. Sick
leave is not required to be used as a reimbursement source; however, if a
claimant elects or did elect to use sick leave, he or she shall not be eligible
for income loss while that sick leave is or was used.
(D) Any restitution paid by the criminal
perpetrator directly to the victim or his or her survivors whether collected by
public agencies and paid over to the recipient or collected directly by the
recipient.
(19) "Related
to the victim by blood, marriage, registered domestic partnership, or adoption"
means:
(A) the victim's spouse or registered
domestic partner;
(B) relatives
within the 4th degree of the victim or the victim's spouse as follows:
1. first degree relatives include parent and
child;
2. second degree relatives
include grandparent, brother, sister, and grandchild;
3. third degree relatives include
great-grandparent, uncle, aunt, nephew, niece, and great-grandchild;
4. fourth degree relatives include
great-great- grandparent, great uncle, great aunt, first cousin, grandnephew,
and grandniece;
(C) the
spouse of a person or registered domestic partner described in subsection
(a)(19)(B); or
(D) the victim's
fiance or fiancee.
(20)
"Resident of California" means the person's place of residence is California as
determined by one of the following:
(A)
Government Code section
244 for
adults; and
(B) Welfare and
Institutions Code section
17.1
for minors.
(21) "Shall"
means that the conduct or requirement is mandatory and not
discretionary.
(22) "State" means
the District of Columbia, the Commonwealth of Puerto Rico and any other
possession or territory of the United States.
(23) "Supplemental claim" means a request for
payment submitted after the application is received.
(24) "Threat of physical injury" means
conduct that meets both of the following:
(A)
a reasonable person would feel threatened in the same circumstances as the
victim; and
(B) a reasonable person
in the same circumstances as the victim would believe both of the following:
1. the threat would be carried out;
and
2. physical injury would result
if the threat were carried out.
(25) "Victim" means a person who sustained
injury or death as a direct result of a qualifying crime and is one of the
following:
(A) a resident of
California;
(B) a member of the
military stationed in California;
(C) a family member living with a member of
the military stationed in California; or
(D) a nonresident of California who is a
victim of a qualifying crime occurring within California if the Board
determines that federal funds are available for compensation of victims of
crime.
(26) "CalVCB"
means the Board staff that implement the Victims of Crime Program as specified
in Title 2, Division 3, Part 4, Chapter 5, Article 1 of the Government Code,
commencing with Section 13950.
(27)
"Water vehicle" means the same as "vessel" as defined in Harbors and Navigation
Code section
651(g).
(28) "Witnessed the crime" as used in Section
13955(c)(4) of the code means actual physical presence at the scene of the
qualifying crime such that the person was a percipient witness to the
qualifying crime.
Notes
2. Readoption of emergency section filed 1-4-89; operative 1-4-89 (Register 89, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-4-89.
3. Readoption of emergency section filed 5-19-89; operative 5-19-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-18-89.
4. Certificate of Compliance as to 5-19-89 order including amendment transmitted to OAL 9-14-89 and filed 10-16-89 (Register 89, No. 43).
5. Amendment of subsection (g), repealer of subsection (i) and subsection relettering filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.
6. Amendment of first paragraph and subsection (e), repealer of subsections (e)(1) and (e)(2) and incorporation of amended subsection (e)(3) into newly amended subsection (e), and amendment of subsection (g) filed 11-2-98 as an emergency; operative 11-2-98 (Register 98, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-99 or emergency language will be repealed by operation of law on the following day.
7. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).
8. Certificate of Compliance as to 11-2-98 emergency order transmitted to OAL 3-1-99 and filed 4-2-99 (Register 99, No. 14).
9. Repealer and new section filed 12-17-99; operative 12-17-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 51).
10. Change without regulatory effect amending subsections (a)(2)-(3), (a)(7)-(9), (a)(12), (a)(14)-(15), (a)(16)(C), (a)(18) and (a)(26)-(28) and amending NOTE filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
11. Amendment filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).
12. Amendment of subsection (a)(11) filed 8-12-2014; operative 10-1-2014 (Register 2014, No. 33).
13. Amendment of subsections (a)(2)-(3), (a)(6), (a)(11), (a)(18)(C) and (a)(26) filed 10-3-2016; operative 1-1-2017 (Register 2016, No. 41).
Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Sections 13950, 13951, 13952, 13952.5, 13953, 13954, 13955, 13956, 13957.7, 13958, 13959, 13962 and 13964, Government Code.
2. Readoption of emergency section filed 1-4-89; operative 1-4-89 (Register 89, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-4-89.
3. Readoption of emergency section filed 5-19-89; operative 5-19-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-18-89.
4. Certificate of Compliance as to 5-19-89 order including amendment transmitted to OAL 9-14-89 and filed 10-16-89 (Register 89, No. 43).
5. Amendment of subsection (g), repealer of subsection (i) and subsection relettering filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.
6. Amendment of first paragraph and subsection (e), repealer of subsections (e)(1) and (e)(2) and incorporation of amended subsection (e)(3) into newly amended subsection (e), and amendment of subsection (g) filed 11-2-98 as an emergency; operative 11-2-98 (Register 98, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-99 or emergency language will be repealed by operation of law on the following day.
7. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).
8. Certificate of Compliance as to 11-2-98 emergency order transmitted to OAL 3-1-99 and filed 4-2-99 (Register 99, No. 14).
9. Repealer and new section filed 12-17-99; operative 12-17-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 51).
10. Change without regulatory effect amending subsections (a)(2)-(3), (a)(7)-(9), (a)(12), (a)(14)-(15), (a)(16)(C), (a)(18) and (a)(26)-(28) and amending Note filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
11. Amendment filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).
12. Amendment of subsection (a)(11) filed 8-12-2014; operative
13. Amendment of subsections (a)(2)-(3), (a)(6), (a)(11), (a)(18)(C) and (a)(26) filed 10-3-2016; operative
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