Section 642 - Rejection of Claim(a) Claims that are untimely or are otherwise not in compliance with Penal Code sections 4900 and 4901 will be rejected by a hearing officer and will not be heard or considered by the Board. (1) A claim that fails to state facts upon which relief may be granted is not in compliance with Penal Code sections 4900 and 4901.(2) Successive or duplicative claims are not in compliance with Penal Code sections 4900 and 4901. The Board will consider on the merits only a single claim by a claimant challenging the same underlying conviction.(3) A claim solely based upon a vacated conviction due to a change in the legal definition of the crime, for example Penal Code section 1170.95, is not in compliance with Penal Code sections 4900 and 4901. To be compliant, the claim must allege that the claimant is innocent of the crime with which they were erroneously convicted because the charged crime was either not committed at all or not committed by the claimant under the law in effect at the time the charged crime allegedly occurred.(b) Prior to rejecting a claim for failure to comply with Penal Code sections 4900 and 4901, the claimant shall be: (1) notified of the reason for rejecting the claim and,(2) given thirty (30) calendar days to present evidence that will overcome the rejection.(c) If the claimant's response provides sufficient evidence to prove that the claim was timely submitted and is otherwise compliant with the requirements of Penal Code sections 4900 and 4901, the claim will be deemed filed as of the date the additional evidence was received.(d) If the claimant's response does not provide sufficient evidence to prove that the claim was timely submitted and is otherwise compliant with the requirements of Penal Code sections 4900 and 4901, the claim will be rejected without a hearing and will not be considered by the Board.Cal. Code Regs. Tit. 2, § 642
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 section and 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 1170.95, 4900, 4901, 4902, 4903 and 4904, Penal Code.
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 section and Note filed 11-23-2022; operative 1/1/2023 (Register 2022, No. 47).