Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 2 - Financial OperationsChapter 1 - California Victim Compensation Board (Calvcb) RegulationsArticle 5.2 - Hearings for Indemnification of Citizens Benefiting the Public and Indemnification of Victims of Crime
Subarticle 3 - Hearing Procedure
Section 647.32 - Burden of Proof

Cal. Code Regs. tit. 2 § 647.32

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Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 647.32 - Burden of Proof
(a) The applicant shall have the burden of proof on all issues necessary to establish eligibility.
(b) The Board shall have the burden of proof on all issues necessary to disqualify an applicant under Government Code section 13956, subsections (a), (b), or (c).
(c) The standard of proof is a preponderance of the evidence.
(d) If there is insufficient evidence that the crime identified in the application occurred, the application may still be considered eligible if there is a preponderance of evidence that a qualifying crime occurred to the victim, even if it is not the crime for which the application was submitted.

Cal. Code Regs. Tit. 2, § 647.32

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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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 subsection (b) and NOTE filed 11-3-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).
4. New subsection (d) 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 13959(e) and 13973, Government Code; and Graham v. State Board of Control (1995) 33 Cal.App.4th 253, 39 Cal.Rptr.2d 146.

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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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 subsection (b) and Note filed 11-3-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).
4. New subsection (d) filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32).