Section 645 - Proposed Decision by Hearing Officer(a) The hearing officer shall take the matter under submission once the administrative record is closed.(b) The hearing officer shall prepare a proposed decision that is written and contains a statement of the factual and legal bases for the proposed decision.(c) If the factual basis for the proposed decision includes a determination based substantially on the credibility of a witness, the proposed decision shall identify specific evidence that supports the credibility determination, which may include but is not limited to demeanor, manner or attitude.(d) The proposed decision shall be based on evidence in the hearing record and on matters subject to official notice under California Code of Regulations section 617.8.(e) The hearing officer may use relevant experience, technical competence and specialized knowledge to evaluate the evidence.(f) The proposed decision may not deny a claim solely because the claimant failed to obtain a court finding of factual innocence.(g) 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.Cal. Code Regs. Tit. 2, § 645
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). Note: Authority cited: Section 13920, Government Code; and Section 4906, Penal Code. Reference: Sections 1485.55, 4900, 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 subsection (a), new subsections (f)-(g) and amendment of Note filed 11-23-2022; operative 1/1/2023 (Register 2022, No. 47).