§ 5355. Approval or rejection of application

(a) After review of the evidence relevant to the application for compensation, the Board shall approve the application if a preponderance of the evidence shows that as a direct result of the crime an injury occurred that resulted in a pecuniary loss to the victim or the dependent.

(b) An application for assistance shall be denied if any of the following apply:

(1) The application was not made within the period of time permitted for commencing prosecution of the crime. The Board may extend the time for filing for good cause shown.

(2) The victim violated a criminal law of this State that caused or contributed to the victim's injuries or death.

(c) If the Board intends to deny an application, the Board shall send the applicant written notice of the decision personally or by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition with the Board for review of its preliminary decision within 30 days of the date on which the notice is mailed. After the hearing, the Board shall affirm or reverse the preliminary denial, explaining the reasons therefor in writing.

(d) The decision of the Board shall be final.