N.J. Admin. Code § 13:75-2.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:75-2.6 - Determinations, presumptions, and burdens of proof

(a) Any person filing an application for compensation has the burden of proof as to eligibility of the claim filed and as to all of its elements and items of compensation. This burden of proof is met by presenting credible evidence to support the application.

(b) In determining whether a victim's conduct was the proximate cause of the victim's injury or death, the Office may give substantial weight to conclusions of investigative law enforcement agencies and dispositions of criminal proceedings including, but not limited to, guilty pleas and jury verdicts, but, considered along with all other relevant evidence, the ultimate determination made on any application is within the discretion of the Office. Relevant evidence shall not include rumor, supposition, speculation, hearsay, or opinion, except as otherwise deemed admissible under the rules of evidence.

Amended by 53 N.J.R. 1852(c), effective 11/1/2021