R671-403-4. Initial Restitution Determination

  (1) If restitution is not determined and ordered by the Board pursuant to R671-403-2 or R671-403-3, the Board may make an initial determination of restitution based upon the totality of the information available, including:

  (a) restitution determinations made by a court applicable to a co-defendant for the same criminal conduct or the same victim;

  (b) statements made by a victim, offender, or co-defendant relating to restitution, including statements made as part of a pre-sentence report investigation;

  (c) reports or calculations provided by the Department indicating the amount which should be ordered as restitution;

  (d) statements made in any civil or criminal proceeding;

  (e) statements made in documents provided to the Board; or

  (f) statements made during Board hearings.

  (2) When the Board determines an initial restitution amount, the Board or the Department shall:

  (a) inform the offender of the initial restitution determination; and

  (b) inform the offender that any objection to the initial restitution determination must be filed with the Board in accordance with this rule.

  (c) If the offender agrees with, or does not object to, the initial restitution determination, that restitution amount shall be ordered by the Board.

  (d) If the offender objects to the initial restitution determination, the offender shall inform the Board of the objection and request a restitution hearing.

  (e) The offender's objection and request for a hearing shall be:

  (i) submitted to the Board in writing within 30 days of the initial restitution determination;

  (ii) accompanied by a clear, brief statement explaining the offender's objections;

  (iii) refer to or be accompanied by an explanation of any evidence, documents, or the names and addresses of witnesses upon which the offender will rely to support the objection.

  (f) Following receipt of an offender's objection which complies with this section, the Board may modify the initial restitution amount based upon the materials submitted by the offender, or may schedule a restitution hearing.

  (g) An offender's objection and request for a restitution hearing may be denied if the Board finds that the material submitted by the offender is duplicative, erroneous, lacks relevance or reliability, or fails to state a reason why the initial restitution determination should be modified.

  (h) Failure of an offender to file a timely objection or otherwise comply with the requirements of this section shall waive and forfeit an offender's ability to contest a restitution order by the Board based upon the initial restitution determination.