1. (a) The hearing officer shall take the matter under submission once the administrative record is closed and prepare a proposed decision in accordance with California Code of Regulations section 619.3.
2. (b) The proposed decision may not deny a claim solely because the claimant failed to obtain a court finding of factual innocence.
3. (c) For claims proceeding under subdivision (b) of Penal Code section 4900, the proposed decision may not deny a claim unless the overall weight of evidence, which may include the trial record only in combination with other admissible evidence, satisfies the Attorney General's burden of proof.
4. (d) When some but not all convictions in a claim fall within the scope of Penal Code section 851.865, 1485.55, or 4900, subdivision (b), and the claimant declines to waive the expediated timelines in Penal Code section 4902, more than one proposed decision may be issued and a corresponding portion of compensation approved pending a proposed decision on any other challenged convictions.

Note: Authority cited: Section 13920, Government Code; and Section 4906, Penal Code. Reference: Sections 1485.55, 4900, 4902, 4903 and 4904, Penal Code.

History

1. New section filed 10-4-2010; operative 11-3-2010 (Register 2010, No. 41).

2. Editorial correction of History 1 (Register 2010, No. 44).

3. Amendment of subsection (a), new subsections (f)-(g) and amendment of Note filed 11-23-2022; operative 1-1-2023 (Register 2022, No. 47).

4. Amendment filed 4-29-2025; operative 7-1-2025 (Register 2025, No. 18).