SB40-SSA1,1554,1816
949.11
(1) The procedure of ch. 227 for contested cases applies to hearings
17under this
chapter subchapter except as otherwise provided in this section and ss.
18949.12 and 949.14.
SB40-SSA1,1554,2220
949.11
(2) The division of hearings and appeals in the department of
21administration shall appoint hearing examiners to make findings and orders under
22s. 227.46 and this
chapter subchapter.
SB40-SSA1,1555,2
24949.115 Subpoenas. The department or any of its authorized agents may
25issue subpoenas for persons or records for any investigation or hearing conducted
1under this
chapter subchapter and may enforce compliance with such subpoenas as
2provided in s. 885.12.
SB40-SSA1,1555,8
4949.12 Condition of claimant. There is no privilege, except privileges
5arising from the attorney-client relationship, as to communications or records
6relevant to an issue of the physical, mental or emotional condition of the claimant
7or victim in a proceeding under this
chapter subchapter in which that condition is
8an element.
SB40-SSA1,1555,14
10949.13 Agency cooperation. Upon request by the department, any state or
11local agency, including a district attorney or law enforcement agency, shall make
12available all reports, files and other appropriate information which the department
13requests in order to make a determination that a person is eligible for an award
14under this
chapter subchapter.
SB40-SSA1,1555,2516
949.15
(1) Whenever the department orders the payment of an award under
17this
chapter subchapter as a result of the occurrence of an event that creates a cause
18of action on the part of a claimant against any person, the department is subrogated
19to the rights of the claimant and may bring an action against the person for the
20amount of the damages sustained by the claimant. If an amount greater than that
21paid under the award order is recovered and collected in any such action, the
22department shall pay the balance to the claimant. If the person responsible for the
23injury or death has previously made restitution payments to the general fund under
24s. 973.20, any judgment obtained by the department under this section shall be
25reduced by the amount of the restitution payments to the general fund.
SB40-SSA1,1556,5
2949.16 Confidentiality of records. The record of a proceeding before an
3examiner or the department under this
chapter subchapter is a public record. Any
4record or report obtained by an examiner or the department, the confidentiality of
5which is protected by any other law or rule, shall remain confidential.
SB40-SSA1,1556,97
949.165
(12) Payment is not an award. Any payment from an escrow account
8under this section shall not be considered as an award by the department under this
9chapter subchapter.
SB40-SSA1,1556,13
11949.18 Report by the department. (intro.) The department's biennial
12report under s. 15.04 (1) (d) shall include a report of its activities under this
chapter 13subchapter including:
SB40-SSA1,1556,1615
949.18
(1) An explanation of the procedures for filing and processing claims
16under this
chapter subchapter.
SB40-SSA1,1556,1818
949.18
(4) A copy of the forms utilized under this
chapter subchapter.
SB40-SSA1, s. 3859
19Section
3859. 949.18 (5) (intro.) of the statutes is amended to read:
SB40-SSA1,1556,2120
949.18
(5) (intro.) A complete statistical analysis of the cases handled under
21this
chapter subchapter, including:
SB40-SSA1,1556,2323
949.18
(5) (e) A summary of cases handled under this
chapter subchapter.
SB40-SSA1, s. 3861
24Section
3861. Subchapter II of chapter 949 [precedes 949.20] of the statutes
25is created to read:
SB40-SSA1,1557,42
Subchapter II
3
sexual assault forensic
4
examination compensation