Section 411.32. Hearing

(a) If OVS is unable to determine if a claim is justified based upon supporting documents, it may direct a hearing before a hearing examiner designated by the OVS.

(b) Except for request for reconsideration falling under § 411.31(e) (relating to reconsideration), a claimant may appeal the reconsidered determination by OVS by requesting a hearing.

(c) A claimant may submit a written request for a hearing no later than 30 days after OVS issues its reconsidered determination. If a claimant fails to file the request for hearing within this time, the reconsideration determination becomes a final decision of OVS.

(d) OVS may consider a delay past the prescribed time period to be justified when one of the following circumstances exist:

(1) The direct victim, intervenor or the claimant is mentally or physically incapacitated.

(2) Other circumstances when good cause is shown by the claimant.

(e) If requesting a hearing, the claimant shall provide a specific reason why the claimant asserts that OVS’s determination is not correct.

(f) A hearing officer who has no previous involvement in any aspect of the claim will be assigned by OVS.

(g) Title 1 of the Pennsylvania Code, Part II (relating to the General Rules of Administrative Practice and Procedures) governs a hearing to the extent that its provisions are not inconsistent with this chapter.

(h) At least 30 days before the date of hearing, the claimant, the claimant’s attorney and the victim’s advocate will be provided written notice of the time, place and purpose of the hearing.

(i) The claimant shall provide written confirmation to OVS of the claimant’s intent to attend the hearing, including documentary exhibits to be presented and a list of witnesses which must be received by OVS at least 10 days prior to the hearing date.

(j) Failure to comply with the confirmation requirements in subsection (i) may result in cancellation of the hearing.

(k) A cancelled hearing may be rescheduled if the claimant shows good cause for failure to comply with subsection (i). A hearing will not be rescheduled more than once, unless OVS deems it necessary.

(l) The attorney representing OVS may submit a prehearing memorandum to the hearing officer, with a copy to the claimant, outlining the legal and factual positions of OVS with respect to the claim and listing witnesses and documentary exhibits to be presented at the hearing. The attorney representing OVS may subpoena for attendance of witnesses or for production of documentary evidence.

(m) The claimant may subpoena for attendance of witnesses or for production of documentary evidence.

(n) Upon a showing of relevancy and materiality, the hearing officer may issue subpoenas for both the OVS and the claimant for attendance of witnesses or for the production of documentary evidence.

(o) In conducting the hearing, the hearing officer will liberally allow the admission of evidence that may not conform to the strict rules of evidence under common law or court rules. A stenographer or court reporter shall record the proceedings. Witnesses shall testify under oath.

(p) The claimant shall have the burden of proving entitlement to compensation by a preponderance of the evidence.

(q) Both OVS and the claimant may present testimony in support of their respective positions and cross-examine the opposing party’s witnesses.

(r) Hearings generally will be open to the public except that the hearing may be held in camera in any of the following instances:

(1) Prosecution against the alleged perpetrator of the crime is pending.

(2) The welfare and safety of the direct victim, intervenor or his family or community may be adversely affected by a public hearing.

(3) To protect the rights and interests of a minor.

(s) A claimant may have support persons or victim advocates, or both, accompany him. The number of advocates and support persons may be limited by the hearing officer.

(t) Upon adjourning the hearing, the hearing officer will offer the claimant and OVS’s attorney an opportunity to file posthearing briefs, to be filed after the transcript is issued, on a schedule to be determined by the hearing officer.

(u) Upon receipt of the transcript from the stenographer, notification will be sent by certified mail to the claimant that the transcript is available and can be purchased at the claimant’s own expense.

(v) OVS will reimburse claimants $20 per day for attendance at a hearing directed by OVS in connection with the claim. Additional expenses will be reimbursed as follows:

(1) Private vehicle usage at mileage rate currently paid by the Commonwealth to its own employees for travel.

(2) Common carrier fares when preapproved by OVS.

(3) Lodging the night before or the night after a hearing session, to a daily maximum of $75, if the claimant must travel at least 50 miles from home for the hearing.