1. Regulations
  2. title 43
  3. part 45
  4. subpart B
  5. subjgrp 141
  6. § 45.57

View all text of Subjgrp 141 [§ 45.50 - § 45.60]

§ 45.57 - Who has the burden of persuasion, and what standard of proof applies?

(a) Any party who has filed a request for a hearing has the burden of persuasion with respect to the issues of material fact raised by that party.

(b) The standard of proof is a preponderance of the evidence.

AUTHORITY: 16 U.S.C. 797(e), 811, 823d.

SOURCE: 80 FR 17194, Mar. 31, 2015, unless otherwise noted.

CITE AS: 43 CFR 45.57