45 CFR 1149.48 - Who has the burden of proof?

Regulations last checked for updates: Feb 07, 2026

Title 45 - Public Welfare last revised: Jan 28, 2026

§ 1149.48 - Who has the burden of proof?

(a) The NEA must prove your liability and any aggravating factors by a preponderance of the evidence.

(b) You must prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

source: 79 FR 67081, Nov. 12, 2014, unless otherwise noted.

cite as: 45 CFR 1149.48