Section 11.03. Claims investigation and decision.

 

(1)   Claims determination. Claims may be investigated, verified and determined regardless of whether the alleged offender has been apprehended, prosecuted for, or convicted of, any crime based upon the same incident or has been found not guilty of such crime.

(2)   Suspend proceedings. The department may suspend proceedings upon its own motion or that of a prosecuting attorney for a period it deems appropriate on the grounds that a prosecution for an offense arising out of the act has been commenced or is imminent.

(3)   Written decision. The department, by the director, shall issue a written decision setting forth the granting of the award or denying the claim and the reasons, and shall furnish the applicant with a copy of the decision. The decision shall also advise the applicant of any right to a contested case hearing.

(4)   Closed claims. A claim for compensation is closed when any of the following conditions occur:

(a) The statutory maximums allowed under s. 949.06 (1) (d) or 949.08 (1m) (a) , Stats., or both, have been awarded by the department.

(b) The 30 day time period for appealing the decision of the department has passed without a request from the applicant for a contested case hearing.

(c) The 30 day period for appealing the decision of the hearing examiner has passed without further appeal being made by the applicant.

History: Cr. Register, February, 1992, No. 434 , eff. 3-1-92; correction in (4) (a) made under s. 13.92 (4) (b) 7. , Stats., Register May 2016 No. 725 .