Hearings and Evidence

(a)Where any application is made to the Commission, the applicant and the Commission’s legal advisor shall be entitled to appear and be heard. Any other person may appear and be heard who satisfied the Commission that he or she has a substantial interest in the proceedings. In any case in which the person entitled to make an application is a child, the application may be made on his or her behalf by his or her parent or legal guardian. In any case in which the person entitled to make an application is mentally defective, the application may be made on his or her behalf by his or her guardian or such other individual authorized to administer the estate. COL 1/26/2024 CH. 161 COMPENSATION FOR DAMAGES FROM CRIMINAL ACTIVITIES

(b)All hearings shall be open to the public, except that the Commission is authorized to conduct closed meetings to adjudicate victim compensation. Where under this Chapter a person is entitled to appear and be heard by the Commission, that person may appear in person or by his or her attorney.

(c)Every person appearing under this Chapter shall have the right to produce evidence and to cross-examine witnesses. The Commission may receive as evidence any statement, document, information or matter that may, in the opinion of the Commission, contribute to its functions under this Chapter, whether or not such statement, document, information or matter would be admissible in a court of law.

(d)If any person has been convicted of any offense with respect to an act or omission on which a claim under this Chapter is based, proof of that conviction, unless an appeal against the conviction or a petition for a hearing in respect of the charge is pending or a new trial or rehearing has been ordered, shall be taken as conclusive evidence that the offense has been committed.

(e)Confidential records of a crime victim or eligible applicant are not subject to disclosure, inspection, publication, broadcasting, production, or reporting without the prior written consent of the victim or eligible applicant, except as compelled by statute, court mandate, or allowed by federal regulations.