Section 385.911 - Burden of proof (Rule 911)(a) The Secretary has the burden of going forward and must sustain the burden of proof with respect to disputed elements of affirmative case of the Secretary.(b) The Commission order will be based on a preponderance of the evidence.Order 225, 47 FR 19022, May 3, 1982, as amended by Order 416, 50 FR 15733, Apr. 22, 1985