Section 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; and2. 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.Cal. Code Regs. Tit. 2, § 649
1. New section filed 9-29-88 as an emergency; operative 10-1-88 (Register 88, No. 41). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-30-89. For prior history, see Register 87, No. 41.
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.
1. New section filed 9-29-88 as an emergency; operative 10-1-88 (Register 88, No. 41). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-30-89. For prior history, see Register 87, No. 41.
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).