U.S Code last checked for updates: Sep 29, 2023
§ 5398.
In any appeal (including civil actions) involving decisions made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence—
the validity of the grounds for the decision made; and
that the decision is fully consistent with provisions and policies of this subchapter.
(Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
cite as: 25 USC 5398