Section 647.31 - Evidence(a) The technical rules of evidence relating to evidence and witnesses shall not apply.(b) The Board or hearing officer shall control the taking of testimony and evidence in any manner suited to learning the relevant facts and safeguarding the rights of the parties, including the limitation or exclusion of:(1) repetitious evidence;(3) evidence that is tangential to the issues to be determined;(4) evidence that is of limited probative value; or(5) evidence that is unreliable.(c) The Board or hearing officer may rely on evidence that is: (2) the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule that might make improper the admission of the evidence over objection in a civil action.(d) The Board or hearing officer may rely on written reports and other information received from the law enforcement agency or other governmental agency responsible for investigating the crime.(e) The Board or hearing officer may review and consider:(1) the application for assistance;(2) the report and recommendation of staff;(3) evidence obtained by staff;(4) evidence submitted by the applicant;(5) testimony provided by the applicant; and(6) testimony provided by witnesses.(f) The Board or hearing officer may take official notice of the following: (1) the Board 's written policies;(2) those matters which must be judicially noticed by a court under Evidence Code section 451;(3) those matters which may be judicially noticed by a court under Evidence Code section 452. Evidence Code sections 455 and 459, subdivisions (c) and (d) shall not apply.
Cal. Code Regs. Tit. 2, § 647.31
1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.
2. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).
3. Change without regulatory effect amending subsections (b), (d), (e) and (f) and amending NOTE filed 11-3-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).
4. Amendment of section and NOTE filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32). Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code. Reference: Sections 11425.10(a)(1), 11425.50(c), 13959(e) and 13973, Government Code.
1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.
2. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).
3. Change without regulatory effect amending subsections (b), (d), (e) and (f) and amending Note filed 11-3-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).
4. Amendment of section and Note filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32).