What is BJA looking for, procedurally, when reviewing compliance?
BJA focuses on whether or not a unit of local government has a written procedure or process in place for determining whether an injury was “suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or a hot pursuit”. In addition, BJA would verify that the applicant jurisdiction’s review procedure/process is based on State, local, or case law. BJA recognizes that this process will, in most instances, differ from jurisdiction to jurisdiction and from State to State. Any determination regarding compliance focuses on, and is limited to, whether or not a jurisdiction has a sound, reasonable process in operation and whether the jurisdiction’s representation regarding the provision is offered in “good faith”, without fraud, malicious intent, or deceit.
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