Cal. Code Regs. tit. 2 § 649.16

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 649.16 - Applications by Derivative Victims

(a) The period of limitations for filing an application is tolled for derivative victims when the Board accepts and files an application that was submitted by, or on behalf of, a victim for the same qualifying crime.

(b) An applicant shall only be eligible once as a derivative victim of a crime regardless of the number of direct victims for that same crime.

(c) A derivative victim's application shall be denied if the direct victim's application is denied for lack of a qualifying crime.

(d) The Board shall determine the eligibility of a derivative victim's application regardless of whether the direct victim has applied to the Board for the crime on which the derivative victim's application is based.

(e) An applicant shall either be eligible as a direct or derivative victim. An applicant cannot be eligible as both a direct victim and a derivative victim for the same qualifying crime.

Cal. Code Regs. Tit. 2, § 649.16

Note: Authority cited: Sections 13920, 13955, 13957 and 13957.5, Government Code. Reference: Sections 13951, 13952 and 13953, Government Code.

Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Sections 13951, 13952 and 13953, Government Code.

1. Certificate of Compliance as to 5-19-89 emergency order including renumbering and amendment of a former provision of Section 649.9(a)(8) to Section 649.16 transmitted to OAL 9-14-89 and filed 10-16-89 (Register 89, No. 43).
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 649.16 to section 649.30 and renumbering former section 649.1.1 to section 649.16, 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 and subsection (a), repealer of former subsection (b), renumbering of former section 649.14 to subsection (b), new subsection (c) and amendment of Note filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).
5. Repealer of former subsection (b), subsection relettering and amendment of newly designated subsection (b) filed 1-6-2011; operative 2-5-2011 (Register 2011, No. 1).
6. Amendment of section and NOTE filed 4-17-2024; operative 7/1/2024 (Register 2024, No. 16).