Section 649.15 - [Operative 7/1/2024] Good Cause for Filing Late Applications(a) A request for relief from the period of limitations on grounds of good cause must be filed with the Board in writing no more than 30 calendar days following the date notice is mailed to the applicant and/or their representative of the late filing. The request shall include a statement under penalty of perjury which describes the reasons the applicant was unable to file their claim within the applicable limitations period. An applicant failing to submit a request for relief in writing within the 30 calendar days will have their application recommended for denial.(b) An applicant seeking relief from the period of limitations on the filing of an application shall, with their request for relief and accompanying statement, submit any corroborating documents which serve to verify the stated justification(s) for late filing.(c) In determining whether good cause exists to justify the late filing of an application, Board staff may consider other factors in determining whether good cause exists, including, but not limited to the following: (1) The physical, emotional, psychological, or developmental condition of the victim (for example, victim's age, cultural or linguistic barriers, disabilities, mental health diagnosis);(2) Whether the victim sought treatment for interpersonal crimes upon which the application is based (for example, sexual assault, child molestation, domestic violence, human trafficking, or child abuse) within one year of the filing date; or(3) Whether the victim incurred a new pecuniary loss within one year of the filing date as a direct result of the qualifying crime.(d) If Board staff does not find good cause for the late filing and recommends that the application be denied, the applicant may request a hearing to determine the existence or nonexistence of good cause.(e) In all cases the determination by the Board as to the existence or nonexistence of good cause constitutes the final administrative determination on the issue, subject only to a proper motion for reconsideration upon a showing of new and additional evidence not reasonably available at the time of the initial hearing. Nothing in this section shall be construed to prevent an applicant or their representative from filing the above stated declaration and request for relief upon a showing of good cause simultaneously with the late application.Cal. Code Regs. Tit. 2, § 649.15
Note: Authority cited: Section 13920, Government Code. Reference: Sections 13953 and 13954, Government Code.
Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Sections 13953 and 13954, Government Code.
1. Certificate of Compliance as to 5-19-89 emergency order including renumbering and amendment of former Section 649.9(d) to Section 649.15 transmitted to OAL 9-14-89 and filed 10-16-89 (Register 89, No. 43). For prior history, see Register 87, No. 41.
2. Amendment filed 12-17-99; operative 12-17-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 51).
3. Change without regulatory effect renumbering former section 649.15 to section 649.11 and renumbering former section 649.1 to section 649.15, including amendment of section and Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
4. Amendment of section heading, section and Note filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).
5. Amendment of subsections (a) and (b)(5), new subsection (b)(6) and repealer of subsection (e) filed 1-6-2011; operative 2-5-2011 (Register 2011, No. 1).
6. Change without regulatory effect amending subsection (b), repealing subsections (b)(1)-(6) and adopting new subsections (b)(1)-(2) filed 12-11-2012 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2013 (Register 2012, No. 50).
7. Amendment of section and NOTE filed 4-17-2024; operative 7/1/2024 (Register 2024, No. 16).