§85B‑4.5. Determination of certain small claims without a prior judicialdetermination.
Notwithstanding any otherprovisions of this Chapter, the Commission may, in its discretion, order thatpayment be made from the Fund, without requiring a prior judicial determinationin any case where:
(1) The total lossclaimed by the claimant is two thousand five hundred dollars ($2,500) or less;
(2) The amount ofalleged loss is readily ascertainable rather than speculative in nature;
(3) The alleged loss isone that is otherwise compensable under this Chapter;
(4) The claimant filed aproperly notarized complaint with the Commission not more than one yearfollowing the date of the alleged wrongful act or conduct of the licensee; and
(5) The Commission, inits discretion, determines that, based upon the evidence presented, justicewould be better served by allowing compensation to be paid without firstrequiring the aggrieved party to obtain a judgment from a court of competentjurisdiction. (1991 (Reg. Sess., 1992), c. 819, s. 9.)
§85B‑4.5. Determination of certain small claims without a prior judicialdetermination.
Notwithstanding any otherprovisions of this Chapter, the Commission may, in its discretion, order thatpayment be made from the Fund, without requiring a prior judicial determinationin any case where:
(1) The total lossclaimed by the claimant is two thousand five hundred dollars ($2,500) or less;
(2) The amount ofalleged loss is readily ascertainable rather than speculative in nature;
(3) The alleged loss isone that is otherwise compensable under this Chapter;
(4) The claimant filed aproperly notarized complaint with the Commission not more than one yearfollowing the date of the alleged wrongful act or conduct of the licensee; and
(5) The Commission, inits discretion, determines that, based upon the evidence presented, justicewould be better served by allowing compensation to be paid without firstrequiring the aggrieved party to obtain a judgment from a court of competentjurisdiction. (1991 (Reg. Sess., 1992), c. 819, s. 9.)
§85B‑4.5. Determination of certain small claims without a prior judicialdetermination.
Notwithstanding any otherprovisions of this Chapter, the Commission may, in its discretion, order thatpayment be made from the Fund, without requiring a prior judicial determinationin any case where:
(1) The total lossclaimed by the claimant is two thousand five hundred dollars ($2,500) or less;
(2) The amount ofalleged loss is readily ascertainable rather than speculative in nature;
(3) The alleged loss isone that is otherwise compensable under this Chapter;
(4) The claimant filed aproperly notarized complaint with the Commission not more than one yearfollowing the date of the alleged wrongful act or conduct of the licensee; and
(5) The Commission, inits discretion, determines that, based upon the evidence presented, justicewould be better served by allowing compensation to be paid without firstrequiring the aggrieved party to obtain a judgment from a court of competentjurisdiction. (1991 (Reg. Sess., 1992), c. 819, s. 9.)
