Section 649.21 - Verification of Attorney's Fees(a) As provided for in Government Code section 13957.7(g), the Board shall pay attorney's fees representing the reasonable value of legal services rendered to the applicant in an amount equal to 10 percent of the amount of the award or five hundred dollars ($500), which ever is less, for each victim and each derivative victim.(b) The Board will not pay attorney's fees related to applications or supplemental claims which are denied by the Board.(c) The Board will only pay attorney's fees for services provided to represent the applicant in the claim to the Board. The Board will not pay for attorney's fees incurred in connection with any other matter.(d) "Legal services rendered" includes, but is not limited to, communication with an applicant or Board staff on behalf of the applicant, preparation of the application, representation in an appeal, and conducting legal research regarding the applicant's claim.(e) Attorneys seeking compensation for attorney's fees must submit to the Board a statement detailing the date the legal services were rendered, describing the legal services rendered, and stating the amount of time for each service. An optional form to assist in the submission and review of the attorney's fees can be found on the Board's website tab for CalVCP.(f) The Board will review the attorney's fee statements and determine if the amount is payable. Prior to payment of the attorney's fees, the Board may verify with the applicant that the described legal services were provided.(g) An applicant may appeal the payment or non-payment of attorney's fees by requesting a hearing on the issue within 45 days of the date of the Board's notice of its recommended action on the fees.(h) An attorney representing the applicant must sign the application prior to the applicant signing the application. An attorney may not be subsequently added to the application without the applicant consenting to representation by that attorney.(i) If the applicant retains an attorney after the application is submitted, the applicant must submit a signed letter to the Board stating that the applicant is being represented by the attorney, the date the attorney was retained, and provide the attorney's name, address, and telephone number.Cal. Code Regs. Tit. 2, § 649.21
1. New section filed 10-5-2011; operative 11-4-2011 (Register 2011, No. 40). For prior history, see Register 2008, No. 45. Note: Authority cited: Section 13920, Government Code. Reference: Sections 13954(a) and 13957.7(g), Government Code.
1. New section filed 10-5-2011; operative 11-4-2011 (Register 2011, No. 40). For prior history, see Register 2008, No. 45.