Hearing - Board and composition - Application of

Administrative Procedures Act - Approval of claim.

A. Upon presentation of any claim, a hearing shall be had

before a board composed of two (2) members of the Governor's staff,

as the Governor shall designate, one (1) member of the Attorney

General's staff, as the Attorney General shall designate, and two

(2) members of the Legislature, one of whom shall be appointed by

the Speaker of the House of Representatives and one of whom shall be

appointed by the President Pro Tempore of the Senate.

B. The terms and provisions of the Administrative Procedures

Act shall apply to all proceedings before the board. If the board

determines, on the basis of a preponderance of such evidence, that

the state should indemnify the claimant for the injury, death or

damage sustained, it shall approve the claim for payment. In no

event shall a claim be approved by the board in excess of Five

Thousand Dollars ($5,000.00).

C. Claims approved under this act shall be paid from the Good

Samaritan Fund.