(a) The Executive Secretary and the Commission, when conducting a proceeding under this chapter, shall have the authority and the power to administer oaths and affirmations, to issue subpoenae ad testificandum and subpoenae duces tecum which shall be enforceable pursuant to the pertinent provisions of chapter 29, Title 14, Virgin Islands Code, in any case of contumacious failure to comply with any such subpoena, to rule upon offers of proof and receive relevant evidence, to take or cause depositions to be taken when it is determined that the prompt and fair disposition of the proceeding will be furthered thereby, to require reports or testimony from medical doctors or psychologists who have treated or examined the victim in relation to the injury or death for which compensation is sought, to direct the course of the proceeding, to dispose of procedural requests and motions, to make recommendations, determinations, and orders in conformity with sections 156 and 157 of this chapter, and to take any other action authorized by rules and regulations promulgated pursuant to the provisions of this chapter. No subpoena may be issued except under the signature of the Chairman of the Commission or of the Executive Secretary, and application to any court for the enforcement of such subpoena may be made only by the Chairman or Executive Secretary.
(b) The Commission shall adopt by regulation as the rules of evidence in connection with the preliminary hearing and in connection with the final consideration the provisions of section 10 of the Revised Model State Administrative Procedure Act promulgated in 1961 by the National Conference of Commissioners on Uniform State Laws.
(c) The applicant, any offender, and any other person who satisfies the Executive Secretary at the preliminary hearing or the Commission at the final consideration that he has a substantial interest in the proceedings shall have the right to appear and be heard, either in person or by attorney, and shall also have the right to produce evidence and to call, to examine, and to cross-examine witnesses.
(d) Any person who files an application under the provisions of subsection (c) of section 161 of this chapter on behalf of a victim or a dependent who is a child or who is non compos mentis shall have all of the procedural rights and privileges granted and guaranteed to applicants under this chapter.
(e) No person appearing as a witness before the Commission at final consideration may be excused from answering any question put to him by any member of the Commission on the ground that to answer might or would incriminate him; but no answers made by any witness to any such question shall be used or admitted in evidence in any proceeding against such be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the person for perjury or for contempt in respect to any answer to any such question. Refusal to answer any question determined by the Commission to be proper and pertinent shall be subject to punishment for contempt under the pertinent provisions of chapter 29, Title 14, Virgin Islands Code.
(f) In making a determination the Commission shall consider all circumstances which it determines to be relevant, including provocation, consent, or any other behavior of the victim which directly contributed to his injury or death.
(g) The Executive Secretary, in connection with the preliminary hearing, and the Commission, in connection with the final consideration, may not make public any information which might lead to the identification of the offender or of the victim if—
(1) the offender has not been convicted, or
(2) the Executive Secretary or the Commission is satisfied that privacy is necessary to protect the interests of the victim or any dependent of the victim.
(h) Every determination of the Commission shall be based on the evidence before it and shall be supported by substantial evidence. The applicant shall have the burden of proving every pertinent fact, which is brought into issue, to the satisfaction of the Commission.