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

Regulations last checked for updates: May 19, 2024

Title 43 - Public Lands: Interior last revised: May 13, 2024

§ 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