49 C.F.R. § 26.61

Current through May 31, 2024
Section 26.61 - Burden of proof
(a) In determining whether to certify a firm, the certifier must apply the standards of this subpart. Unless the context indicates otherwise, singular terms include their plural forms and vice versa.
(b) The firm has the burden of demonstrating, by a preponderance of the evidence, i.e., more likely than not, that it satisfies all of the requirements in this subpart. In determining whether the firm has met its burden, the certifier must consider all the information in the record, viewed as a whole.
(1)Exception 1. In a decertification proceeding the certifier bears the burden of proving, by a preponderance of the evidence, that the firm is no longer eligible for certification under the rules of this part.
(2)Exception 2. If a certifier has a reasonable basis to believe that an individual who is a member of a group in § 26.67(a) of this section is not, in fact, socially and/or economically disadvantaged, the certifier bears the burden of proving, by a preponderance of the evidence, that the individual is not socially and/or economically disadvantaged.

49 C.F.R. §26.61

64 FR 5126, Feb. 2, 1999, as amended at 68 FR 35554, June 16, 2003
64 FR 5126, 2/2/1999, as amended at 68 FR 35554, 6/16/2003; 89 FR 24969, 5/9/2024