Regulatory part - Council of State decrees

When the case is heard, the chairman of the commission sets the date for the hearing.

The secretary of the commission convenes the claimant and the guarantee fund at least two months in advance to the hearing that has been set. This summons is sent by registered letter with acknowledgement of receipt to the claimant and by simple letter to the guarantee fund. The parties are informed in the summons that their observations must be sent to the commission no later than fifteen days before the…

The public prosecutor is informed of the date of the hearing and files his submissions at least fifteen days before that date.

At the hearing, the magistrate who investigated the case gives his report; the claimant and the guarantee fund, if present or represented, are then heard. The public prosecutor develops his conclusions.

At the hearing, the commission, where it considers that the case should be referred to another hearing, shall immediately set the date of that hearing. When the parties are neither present nor represented, they are informed of this referral by registered letter with acknowledgement of receipt, with the exception of the guarantee fund, which is informed by simple letter.

If the application is dismissed, the applicant shall be ordered to pay the costs, unless the commission discharges the applicant in part or in full.

The commission’s decision shall be notified without delay, by registered letter with acknowledgement of receipt, to the applicant and to the guarantee fund.

Decisions by the commission and the commission chairman may not be opposed. They may be appealed regardless of the amount of the claim.

Sums awarded to the victim pursuant to articles 706-3 to 706-14 shall be paid by the guarantee fund within one month of notification of the commission’s decision or approval of the statement of agreement; notice of payment shall be given without delay to the president of the commission.

When the guarantee fund requests, pursuant to Article 706-10, total or partial reimbursement of the compensation it has paid, it shall submit a simple request to the commission, which shall give its decision, with the parties heard or summoned, under the conditions set out in articles R. 50-17 et seq.