45 C.F.R. § 672.17 Burden of presentation; burden of persuasion.
Title 45 - Public Welfare
The complainant has the burden of going forward with and of proving that the violation occurred as set forth in the complaint and that the proposed civil penalty, revocation, suspension, or other sanction, is appropriate. Following the establishment of a prima facie case, respondent has the burden of presenting and of going forward with any defense to the allegations set forth in the complaint. The Presiding Officer shall decide all controverted matters upon a preponderance of the evidence.
Title 45: Public Welfare
PART 672—ENFORCEMENT AND HEARING PROCEDURES
§ 672.17 Burden of presentation; burden of persuasion.
