South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:55 - Crime victims' compensation
Chapter 67:55:02 - Commission hearings
Section 67:55:02:08 - Evidence

The commission shall receive as evidence any statement, document, or information necessary to afford the claimant a fair hearing. Evidence may include items such as hospital records or reports, physicians' reports, or mental health counselor's reports that contain proof of the injuries sustained. The burden of proof is on the claimant to show that the claim is reasonable and is compensable under the provisions of this article.

The commission may consider information discovered as a result of an independent investigation such as records of medical payments by third parties or any other payments to or on behalf of the claimant, the claimant's financial need, and statements of witnesses or acquaintances.

If an individual has been convicted of an offense with respect to an act on which a claim is based, proof of that conviction is taken as conclusive evidence that the offense was committed, unless an appeal or a proceeding with regard to it is pending. The fact that the identity of the assailant is unknown or that the assailant has not been prosecuted or convicted may not raise a presumption that the claim is invalid.

General Authority:23A-28B-4.

Law Implemented:23A-28B-4, 23A-28B-9, 23A-28B-23, 23A-28B-32.