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Terms Used In Kansas Statutes 74-7304

  • Board: means the crime victims compensation board established under Kan. See Kansas Statutes 74-7301
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Subpoena: A command to a witness to appear and give testimony.

In addition to the powers and duties specified elsewhere in this act, the board shall have the following powers and duties:

(a) The power to adopt by rule and regulation a description of the organization of the board, stating the general method and course of operation of the board;

(b) the power to adopt rules and regulations to carry out the provisions of this act, and the property crime restitution and compensation act, including rules for the allowance of attorney fees for representation of claimants; and to adopt rules and regulations providing for discovery proceedings, including medical examination, consistent with the provisions of this act relating thereto. Rules and regulations adopted by the board shall be statements of general applicability which implement, interpret or prescribe policy, or describe the procedure or practice requirements of the board;

(c) the duty to hear and determine all matters relating to claims for compensation, and the power to reinvestigate or reopen claims without regard to statutes of limitation or periods of prescription;

(d) the duty, if it would contribute to the function of the board, to subpoena witnesses and other prospective evidence, administer oaths or affirmations, conduct hearings and receive relevant, nonprivileged evidence; and

(e) the power to take notice of judicially recognizable facts and general, technical and scientific facts within their specialized knowledge.