R671-403-6. Restitution Hearings - Procedure

  (1) Restitution hearings may be conducted by a Board member, hearing officer, or other designee of the Board Chair.

  (2) Board staff, the Department,the Attorney General's office, the original prosecuting agency, the offender, and any victim may participate in the restitution hearing, as necessary.

  (3) Board staff may assist non-lawyer hearing participants with subpoenas to procure the attendance of necessary witnesses.

  (4) The rules of evidence do not apply at restitution hearings.

  (5) The offender bears the burden of proving all objections or assertions, including any payments, credits, or offsets, by a preponderance of the evidence.

  (6) If any amount of restitution is claimed by, or on behalf of, any victim, in addition to any amount previously determined by a court or by the Board, including the initial restitution determination, the proponent of such additional restitution carries the burden of proving such additional restitution by a preponderance of the evidence.

  (7) Any party may submit documentation, records, or other written evidence for the Board to consider regarding the issue of restitution.

  (8) Within 30 days after the hearing, the Board shall enter an order determining the amount of restitution owed by the offender, or continue the matter for additional information, further hearing or further consideration as needed.