Section 641 - Admissible Evidence(a) In reaching its determination of the merits of the claim, claimant's denial of the commission of the crime; reversal of the judgment of conviction; acquittal of claimant on retrial; or, the decision of the prosecuting authority not to retry claimant for the crime, may be considered by the Board.(b) The Board may consider as substantive evidence the prior testimony of witnesses claimant had an opportunity to cross-examine, and evidence admitted in prior proceedings for which claimant had an opportunity to object.(c) All relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. Evidence is relevant if it has any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the claim.(d) Evidence that qualifies under subdivision (c) may be admitted even though there is a common law or statutory rule which might make its admission improper over objection in any other proceeding.(e) Objections to and arguments about evidence may be considered when determining the weight to be given to the evidence.(f) The Board may also consider any other information that it deems relevant to the issue before it.Cal. Code Regs. Tit. 2, § 641
1. New section filed 4-7-71 as an emergency; effective upon filing (Register 71, No. 15).
2. Amendment filed 8-4-71 as an emergency; effective upon filing. Certificate of Compliance included (Register 71, No. 32).
3. Amendment of section heading and section filed 10-4-2010; operative 11-3-2010 (Register 2010, No. 41).
4. Editorial correction of HISTORY 3 (Register 2010, No. 44).
5. Amendment of section heading and subsections (a) and (c) and amendment of NOTE filed 11-23-2022; operative 1-1-2023 (Register 2022, No. 47). Note: Authority cited: Section 13920, Government Code; and Section 4906, Penal Code. Reference: Sections 4900, 4902, 4903 and 4904, Penal Code; and Section 210, Evidence Code.
1. New section filed 4-7-71 as an emergency; effective upon filing (Register 71, No. 15).
2. Amendment filed 8-4-71 as an emergency; effective upon filing. Certificate of Compliance included (Register 71, No. 32).
3. Amendment of section heading and section filed 10-4-2010; operative 11-3-2010 (Register 2010, No. 41).
4. Editorial correction of History 3 (Register 2010, No. 44).
5. Amendment of section heading and subsections (a) and (c) and amendment of Note filed 11-23-2022; operative 1/1/2023 (Register 2022, No. 47).