(1) The board, in its discretion, may conduct a hearing upon any application submitted to it. All hearings conducted by the board and appeals therefrom shall be held pursuant to sections 24-4-105 and 24-4-106.
(2) The burden of proof is upon the applicant to show that the claim is reasonable and is compensable under the terms of this part 1. The standard of proof is by a preponderance of the evidence.
(3) If a person has been convicted of an offense with respect to an act on which a claim is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or a proceeding with regard to it is pending. The fact that the identity of the assailant is unknown or that the assailant has not been prosecuted or convicted shall not raise a presumption that the claim is invalid.
(4) Orders and decisions of the board are final.
(5) Review of an order or decision of the board may be made in accordance with the Colorado rules of civil procedure.
Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 658, § 9, effective May 14.
ANNOTATION
A crime victim compensation board (CVCB) is not prohibited from compensating a crime victim for wages the victim expects to lose in the future. A CVCB may reimburse a crime victim for lost wages without specifying whether that amount includes only wages lost in the past, or wages that will be lost in the future. People v. Bohn, 2015 COA 178, 381 P.3d 335.