Rule 252.13 - Determination of Claims(a) Eligibility Determination of Request for Claim: Upon receiving a report of investigation from Regulation Counsel, the Board will evaluate the Request for Claim as to the eligibility factors listed in Rule 252.10. The Board may deny a claim on the basis of eligibility without evaluating the amount of the Request for Claim.(b) Board Review and Final Determination of Claims: Based on reports of investigation from Regulation Counsel, the Board will evaluate each eligible Claim and determine on the basis of all available evidence whether to reimburse a claim at all, in whole, or in part. The approval, partial approval, or denial of a claim requires a majority vote of the board members present at a meeting. The following provisions apply to the Board's consideration and determination: (1) A final decision as defined in C.R.C.P. 241 disciplining a Respondent attorney for the same dishonest conduct alleged in a Claim, or a final judgment imposing civil or criminal liability for the same dishonest conduct alleged in a Claim, is conclusive evidence that the Respondent Attorney committed the dishonest conduct alleged in the Claim.(2) Any proceeding upon a Claim need not be conducted according to rules relating to evidence, procedure and witnesses. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in court proceedings.(3) The Board's determination is not a finding of dishonest conduct for purposes of professional discipline or other legal proceedings.(c) Notice of Board Determination of a Claim: Both the Claimant and the Respondent Attorney will be advised of the status of the Board's consideration of the Request for Claim and Claim and must be informed of the final determination.(d) Payment of Claims: With the assistance of Regulation Counsel, the Board will determine the order and manner of payment and pay all approved Claims, but unless the Board directs otherwise, no Claim should be approved during the pendency of a disciplinary proceeding involving the same act or conduct that is alleged in the Claim if the Respondent Attorney disputes the pertinent allegations. Payment of a Claim may be made in a lump sum or in installments in the discretion of the Board.(e) Requests for Reconsideration: Either the Claimant or the Respondent Attorney may request in writing reconsideration of a Board determination within 35 days of the denial or determination of the amount of a Claim. If the Claimant or the Respondent Attorney fails to make a request or the request is denied, the decision of the Board is final.Source: Added and adopted June 25, 1998, effective 1/1/1999; amended and adopted by the Court, En Banc, June 15, 2023, effective 9/1/2023.