3.__Appeal board.__"Appeal board" means the authority board when acting to hear and decide appeals of the compensation panel's decisions as provided in section 22005.

4.__Authority.__"Authority" means the Baxter Compensation Authority established in section 12004-G, subsection 26-E.

5.__Authority board or board.__"Authority board" or "the board" means the 5-member governing body described in section 22002, subsection 3.

6.__Claimant.__"Claimant" means a person who alleges having suffered abuse while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf and applies for compensation from the program.

7.__Claims consultant.__"Claims consultant" means a person employed by the program to assist claimants in preparing their claims for submission to the compensation panel.

8.__Compensation panel.__"Compensation panel" means the 3- person panel appointed by the authority to hear claims and make decisions, consisting of the determination of eligibility and determination of the compensation amount, as provided in section 22004.

9.__Final compensation decision.__"Final compensation decision" means the decision of the compensation panel with regard to eligibility and level of compensation if it is not appealed within 60 days of the decision, and the decision of the appeal board if the decision of the compensation panel is appealed.

10.__Program.__"Program" means the Baxter Compensation Program established in section 22021.

11.__Program director.__"Program director" means the person appointed by the authority to direct the program as provided in section 22003.

12.__Program principles.__"The program principles" means the compilation of theoretical and practical bases for operation of the program as provided in section 22007.

13.__Trust fund.__"Trust fund" means the Governor Baxter School for the Deaf Student Trust Fund established in Title 20-A, section 7412.

§22002.__Baxter Compensation Authority

1.__Established.__The Baxter Compensation Authority, established in section 12004-G, subsection 26-E, is a public instrumentality of the State, and the exercise by the authority of the powers conferred by this chapter is considered and held to be the performance of essential governmental functions.

2.__Purpose.__The authority is established to administer the Baxter Compensation Program.

3.__Members.__The authority board consists of 5 members, to be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over judiciary matters and confirmation by the Legislature.__ Collectively, the members must have knowledge and experience in deaf culture; abuse and its effects; the legal system; and redress and compensation principles.

4.__Chair; quorum.__The members of the board shall select a chair from among the members.__Three members constitute a quorum.__ Action taken by the board must be by majority vote.

5.__Powers.__The authority may:

A.__Buy or lease real and personal property to carry out its duties;

B.__Establish positions and employ and contract with persons to carry out its duties; and

C.__Accept funds from all sources to be deposited in the trust fund.

6.__Duties.__The authority has the following duties.

A.__The authority shall establish the Baxter Compensation Program as provided in section 22021.

B.__The authority shall appoint a program director as provided in section 22003.

C.__The authority shall appoint a compensation panel as provided in section 22004.

D.__The authority board shall serve as the appeal board as provided in section 22005.

E.__The authority shall complete the training and education under section 22006.

F.__The authority shall adopt program guidelines as provided in section 22007.

G.__The authority shall establish criteria for 3 tiers of compensation based on the severity of abuse suffered by the former students using well-established legal principles governing awarding damages.__The 3 tiers of compensation are:__$25,000;__$60,000; and__$100,000.

H.__The authority shall submit an annual written report by January 15th of each year to the Governor, the Attorney General and the joint standing committee of the Legislature having jurisdiction over judiciary matters.__The report must include information on the following:

(1)__The activities of the authority within the last 12 months;

(2)__The number of employees and volunteers and their responsibilities;

(3)__Data pertaining to the following:

(a)__Requests for information;

(b)__Applications filed;

(c)__Claims submitted to the compensation panel;

(d)__Decisions made by the compensation panel, and the nature of the decisions;

(e)__Decisions appealed to the appeal board, and the grounds for and outcomes of the appeals;

(f)__Claims pending completion prior to being submitted to the compensation panel;

(g)__Claims pending decision by the compensation panel;

(h)__Claims pending resolution by the appeal board; and

(i)__Awards made and paid;

(4)__Amount of compensation paid;

(5)__Any other information that would help to evaluate the performance of the program; and

(6)__Any recommended legislation the authority determines is necessary to carry out its duties.

I.__The authority shall develop an evaluation process to make ongoing determinations concerning the program's effectiveness and operation within the program guidelines.

7.__Application of laws.__The authority is subject to the budget, accounts and control and auditing requirements of Part 4.

8.__Use of trust fund.__The authority may use up to 15% of the trust fund for administrative expenses.

§22003.__Program director

The authority shall appoint a program director to serve as staff to the authority and to direct the program.

§22004.__Compensation panel

1.__Appointment.__The authority shall appoint 3 persons to serve as the compensation panel.__The compensation panel shall make decisions about the eligibility of claimants and the appropriate compensation payments to be made.

2.__Qualifications.__Collectively, the members of the compensation panel must have the following qualifications:

A.__Familiarity with the legal system, including experience with:

(1)__Weighing evidence and making decisions based on that evidence; and

(2)__Well-established legal principles that govern awarding damages;

B.__Experience or knowledge of abuse and its effects; and

C.__Experience or knowledge of deaf culture.

3.__Chair.__The compensation panel members shall select a chair from among the members.

4.__Decision-making; quorum.__The compensation panel members shall work together as collaboratively as possible.__Decisions on

claims must be determined by a majority vote.__All 3 members must be present in order for a vote to be taken.

5. Training and education.__Before handling any claims, the compensation panel shall complete the training and education under section 22006.

§22005.__Appeal board

1.__Appointment.__The authority board shall serve as the appeal board to hear and decide appeals of the decision of the compensation panel.

2.__Decisions.__Decisions on claims must be determined by a majority vote.__Three members constitute a quorum.

§22006.__Training and education

1.__Training and education program.__The program director shall coordinate training and education for the members of the authority, the program director and the compensation panel in the following subject areas:

A.__Deaf culture;

B.__Physical and sexual abuse and its effects;

C.__Basic applicable legal principles; and

D.__Any other subject useful to the operation of the program.

2.__Required.__Members of the authority, the program director and the compensation panel shall participate in the training and education.

§22007.__Program principles and guidelines

1.__Duties.__The program has the following duties.

A.__The program shall provide American Sign Language interpreters to ensure communication between program staff and claimants, their families and friends and advocates providing support.

B.__The program shall explain to the claimants the compensation process from initial contact with the program through acceptance of the award, release of the State from further liability and the making of the apology.

C.__The program shall allow claimants to be accompanied in all steps of the process by friends, family and other support people.

D.__The program shall promote provision of support and immediate access to counseling resources for claimants recounting their experiences, especially those disclosing abuse for the first time.

E.__The program shall inform as many former students as possible about the program and give those students an opportunity to apply for compensation.

F.__The program shall work with former students and their families in situations in which the former student is not capable of making decisions concerning participation in the program.

G.__The program shall develop a plan for working with and providing services to former students no longer living in the State.

2.__Program guidelines.__The authority shall adopt program guidelines as the theoretical and practical bases for the operation of the program that are consistent with subsection 1, using the following sources as guidance:

A.__The final report of the Committee to Develop a Compensation Program for Victims of Abuse at the Governor Baxter School for the Deaf, established by Resolve 1999, chapter 127, Part B;

B.__The guiding principles that have been adopted and used by other compensation programs as bases for operation of the programs;

C.__The report of the Law Commission of Canada, "Restoring Dignity: Responding to Child Abuse in Canadian Institutions," issued in 2000;

D.__Judicial practice, in the State and elsewhere, concerning the awarding of damages; and

E.__Any other reports, rules or other sources the authority determines useful.

3.__Process.__The program guidelines are not rules and the authority is not required to proceed under the Maine Administrative Procedure Act in adopting the program guidelines, although the authority may hold public hearings and solicit

comments as provided in that Act.__In developing the program guidelines, the authority shall seek input from and work as collaboratively as possible with all interested parties and groups, including the deaf community.

§22008.__Status of members and employees

1.__State employees.__Members and employees of the authority may not be construed to be state employees for the purpose of the state civil service provisions of Part 2 and chapter 372, and any other purpose except for the following:

A.__Employees of the authority are deemed state employees for the purposes of the state retirement provisions of Part 20, and the state employee health insurance program under chapter 13, subchapter II; and

B.__For the purposes of the Maine Tort Claims Act, the authority is deemed a governmental entity and its members and employees are deemed employees as those terms are defined in Title 14, section 8102.

2.__Limitation of liability.__A person who is a member of the authority or an employee of the authority is not subject to personal liability for having acted within the course and scope of the person's membership or employment to carry out any power or duty under this chapter. The authority shall indemnify a member or employee of the authority against expenses actually and necessarily incurred by the person in connection with the defense of any action or proceeding in which the person is made a party by reason of past or present association with the authority.

§22009.__Public proceedings and records; confidentiality

1.__Public proceedings and records.__Except as provided in subsection 2, all meetings and records of the authority are subject to the provisions of Title 1, chapter 13, subchapter I.

2.__Confidential.__All information provided by a claimant or a claimant's family is confidential until the claim is submitted to the compensation panel.__Once the claim is submitted to the compensation panel, the claim is a public record.

§22010.__Repeal

This chapter is repealed on July 1, 2007.

SUBCHAPTER II

THE BAXTER COMPENSATION PROGRAM

§22021.__Baxter Compensation Program

1.__Purposes.__The purposes of the Baxter Compensation Program are:

A.__To provide compensation to former students who suffered abuse by a state employee or as a result of state action or inaction while students at either the Maine School for the Deaf or the Governor Baxter School for the Deaf;

B.__To assist in the victims' healing process by admitting the State's responsibility for not protecting students from abuse by a state employee or as a result of state action or inaction while the victims were attending the Maine School for the Deaf or the Governor Baxter School for the Deaf; and

C.__To apologize to the students who were abused and to their families.

2.__Program director; duties.__The program director shall direct the program.

A.__The program director is responsible for hiring, supervising and firing all employees authorized by the authority.__The program director shall maintain only the number of employees necessary to operate the program.

B.__The program director is responsible for the day-to-day operations of the program, including overseeing the work of the claims consultants.

C.__The program director shall report to the authority on a regular basis as determined by the authority, and shall keep the authority informed about the program and its operation.

D.__The program director shall maintain communication with the deaf community and other potential beneficiaries of the program.

3.__Location; travel.__The program must be established in a central office location.__The program director and all program personnel, including the claims consultants and the compensation panel are based in the central office.__Claim consultants may travel as needed to assist claimants in preparing their claims.__ The compensation panel may travel as needed to carry out its responsibilities.

4.__Claims consultants.__The program director shall hire a sufficient number of claims consultants to work with the persons

applying for compensation.__Claims consultants must be selected to provide personal and professional diversity sufficient to allow claimants to select the claims consultant with whom they feel the most comfortable.

A.__The qualifications for claims consultants include:

(1)__Fluency in American Sign Language;

(2)__Knowledge of or familiarity with abuse and its effects;

(3)__Knowledge of or familiarity with deaf culture;

(4)__Ability to work with deaf interpreters;

(5)__Ability to work with and refer claimants to therapists and counselors.

B.__The duties of claims consultants include:

(1)__Working with claimants and potential claimants;

(2)__Helping claimants prepare their materials for submission to the compensation panel;

(3)__Recording claimants' stories and experiences for use in the claims process, including presentation to the compensation panel in written, audio or audio visual formats;

(4)__Assisting claimants in collecting and corroborating information;

(5)__Explaining the compensation program process to claimants;

(6)__Explaining the decision of the compensation panel;

(7)__Assisting claimants in assembling the materials necessary to appeal the compensation panel's decision to the appeal board;

(8)__Referring claimants to a professional outside the program in order to secure legal and financial advice;

(9)__Referring claimants to counseling when appropriate; and

(10)__Other reasonable duties necessary for the operation of the program as assigned by the program director.

A claimant is not required to use the services of a claims consultant to file a claim for compensation.

§22022.__Eligibility

A person is eligible to receive compensation if:

1.__Victim of abuse.__That person was abused by a state employee or as a result of state action or inaction while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf, and the abuse occurred either at the school or was associated with the school;

2.__Date of abuse.__The abuse occurred prior to January 1, 2001; and

3.__Filing deadline.__The claim for compensation is filed with the program by March 31, 2006.

§22023.__Claim process

1.__Application.__A person may apply for compensation by submitting a completed claim form to the program.

2.__Submit to compensation panel.__The claimant or, if requested by the claimant, a claims consultant shall submit the information about the claim to the compensation panel.

§22024.__Decision

The compensation panel shall issue a decision on each submitted claim.__The decision consists of 2 parts.

1.__Eligibility determination.__The compensation panel shall determine whether the claimant is eligible to receive compensation.__For the claimant to be eligible for compensation, the compensation panel must determine that:

A.__The claimant was a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf.__The compensation panel may use reliable information in addition to the information included in the claim;

B.__The allegation of abuse includes abuse that occurred before January 1, 2001; and

C.__The claimant was abused by a state employee or as a result of state action or inaction while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf.__The compensation panel shall make this determination if the compensation panel finds there is a reasonable likelihood that the claimant was abused while a student at the Maine School for the Deaf or the Governor Baxter School for the Deaf.__The abuse may have occurred at either school or elsewhere, but the abuse must have been associated with attendance or residence at either school while the State was responsible for the claimant's care and custody.

2.__Determination of compensation amount.__If the compensation panel determines that the claimant is eligible under subsection 1, the compensation panel shall review the claim to determine the amount of compensation.__The panel shall apply the criteria adopted under section 22002, subsection 6, paragraph G, to the facts of the claim to determine which level of compensation is to be awarded.__When making the determination, the panel shall award compensation at the highest level that the facts of the claim support.

3.__Communication of the decision.__The compensation panel shall provide to the claims consultant who assisted the claimant or, if no claims consultant assisted the claimant, to a claims consultant a written statement of the decision, including separate findings on each of the determinations.__The claims consultant shall provide the statement and explain its content and meaning to the claimant.__The claims consultant shall also explain the options available to the claimant if the claimant is not satisfied with the compensation panel's decision.

§22025.__Appeal

1.__Appeal.__If the claimant is not satisfied with the final decision of the compensation panel, the claimant may appeal the decision to the appeal board.__The appeal must be submitted within 60 days of the communication of the decision to the claimant, although the appeal board may extend the time limit for good cause.

2.__Appeal costs.__If the claimant appeals the decision, the claimant is responsible for paying the costs of the appeal as follows.

A.__If the claimant is appealing the compensation panel's decision under section 22024, subsection 1 that the claimant is not eligible for compensation, the claimant is not required to pay any appeal costs.

B.__If the claimant is appealing the compensation panel's decision under section 22024, subsection 2 regarding the level of compensation, the costs must be paid as follows:

(1)__If the appeal board disagrees with the claimant and upholds the compensation panel's decision, the appeal cost is $2,500, to be withheld from the compensation payment; or

(2)__If the appeal board agrees with the claimant and increases the compensation award of the compensation panel, the claimant is not required to pay any appeal cost.

3.__Assistance of claims consultant.__At the request of a claimant, a claims consultant shall assist the claimant in assembling the materials necessary to appeal the decision.

4.__Appeal on record and appeal documents.__The appeal board may make the decision on the appeal based solely on the record of the claim and documents submitted with the appeal.__The appeal board is not required to conduct a hearing or take testimony, but may do so if it so chooses.

5.__Standard of review.__The appeal board shall review the decision of the compensation panel and may overrule the decision only if the appeal board determines the decision of the compensation panel is arbitrary and capricious.

6.__Communication of decision.__The appeal board shall provide to the claims consultant a written statement of the appeal board's decision.__The claims consultant shall provide the statement and explain its content and meaning to the claimant.

7.__Decision final.__The decision of the appeal board is final and is not appealable to any court or other authority.

§22026.__Acceptance

1.__Notification.__The claimant shall notify a claims consultant whether the claimant will accept the compensation awarded by the program.

2.__Release.__To receive payment of the compensation, the claimant must release the State from any further liability by signing a release form provided by the program.

3.__Financial advice.__A claims consultant shall provide to the claimant who has been awarded compensation the names and

addresses of professionals who have agreed to work with claimants to provide financial advice.__The program shall contribute to professional fees for financial advice and fees for interpreting services for claimants to obtain and use the advice as provided in section 22042.

§22027.__Payment

The program shall pay compensation within 30 days of the final compensation decision, or as soon thereafter as possible.

§22028.__Apology

1.__Personal apology.__When the program pays compensation, the State shall issue a personal apology to the claimant.

2.__Process.__The State shall issue the apology as follows.

A.__The program director shall prepare the apology, and deliver the document to the Legislature and the Governor.

B.__The President of the Senate, the Speaker of the House of Representatives and the Governor shall personally sign the apology document.

SUBCHAPTER III

SERVICES

§22041.__Counseling

1.__Referrals.__Claims consultants shall refer claimants and their families for counseling when the claims consultants believe such referral may be helpful.

2.__Counseling.__Claimants are eligible for counseling without cost to them as provided through the Department of Mental Health, Mental Retardation and Substance Abuse Services.__The Department of Mental Health, Mental Retardation and Substance Abuse Services shall continue to provide counseling services for former students of the Governor Baxter School for the Deaf and the Maine School for the Deaf.

§22042.__Legal and financial advice

The compensation program shall provide stipends to each claimant of up to $1,000 to secure legal advice and up to $1,000 to secure financial advice at any time during the process and about any aspect of that claimant's claim, including the amount of the compensation award.__The stipends may be used to pay the

costs of interpreting services to obtain and use the legal and financial advice.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill is a recommendation of the Committee to Develop a Compensation Program for Victims of Abuse at the Governor Baxter School for the Deaf, created by Resolve 1999, chapter 127, Part B. The committee's final report was submitted in December 2000.

This bill creates the Baxter Compensation Authority, which establishes the Baxter Compensation Program to pay compensation to the former students who were sexually or physically abused while attending the Governor Baxter School for the Deaf or its predecessor, the Maine School for the Deaf. The authority board consists of 5 members appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over judiciary matters and confirmation by the Legislature.

The Baxter Compensation Program will be run by a program director, appointed by the authority board. Claims consultants may help former students develop and file claims for compensation. A 3-person compensation panel, appointed by the authority, will review each claim individually and decide whether the claimant is eligible for compensation and how much compensation is appropriate. The claimant must show that there is a reasonable likelihood that the claimant suffered abuse by a state employee or because of the action or inaction of the State while the claimant was a student at either the Governor Baxter School for the Deaf or the Maine School for the Deaf. The compensation panel will apply criteria adopted by the authority board to determine which of 3 tiers of compensation applies, based on the severity of the abuse as well as other factors. The 3 tiers of compensation are $25,000, $60,000 and $100,000. The claimant may appeal the decision of the compensation panel to the authority board sitting as an appeal board. The appeal board may overturn the compensation panel's decision only if it finds that the decision was arbitrary and capricious. The final compensation decision is not appealable to any court or other tribunal. Claims must be filed by March 31, 2006. All compensation must be paid out by July 1, 2007, when the program ceases to exist.

The Baxter Compensation Authority shall report on an annual basis to the Governor, the Attorney General and the joint standing committee of the Legislature having jurisdiction over judiciary matters.