(a) In its consideration and investigation of an application, the department shall have recourse to all appropriate means of investigation and discovery available to it under Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The commissioner may grant payment on an application if the final judgment satisfies the requirements of Section 10471 and was established by proof by preponderance of the evidence, or a higher standard of proof.