Cal. Code Regs. tit. 2 § 649.15

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 649.15 - [Operative until 7/1/2024] Good Cause for Filing Late Applications

(a) A petition for relief from the period of limitations on grounds of good cause must be filed with the Board in writing not more than 30 days following the date notice is mailed to the applicant and his or her representative of the late filing, and shall include the statement under penalty of perjury as specified in subsection (b). An applicant failing to petition for relief in writing within the 30 days set forth herein will have his or her application recommended for denial.

(b) In determining whether good cause exists justifying the late filing of an application, the VCP staff shall consider all of the following factors:

(1) Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime.

(2) Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration.

An applicant seeking relief from the period of limitations on the filing of an application shall, with his or her petition for relief and accompanying statement, submit any corroborating documents which serve to verify the stated justifications for late filing.

(c) If VCP 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.

(d) 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 his or her representative from filing the above stated declaration and petition for relief upon a showing of good cause simultaneously with the late application.

Cal. Code Regs. Tit. 2, § 649.15

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).

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).