Section Env-C 204.05 - Burden and Standard of Proof(a) In all adjudicative hearings, the participant asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.(b) In a hearing held to determine whether a license that has already been issued should be suspended, revoked, or not renewed, the department shall bear the overall burden of proof by a preponderance of the evidence.(c) In a hearing held to determine whether an administrative fine should be imposed, the division that initiated the proceeding shall bear the overall burden of proof by a preponderance of the evidence.(d) In any hearing held on a motion to reconsider a decision that was made in accordance with applicable legal procedures, the person seeking to overturn the decision shall bear the overall burden of proving that the decision was unlawful or unreasonable by a preponderance of the evidence.(e) For purposes of this section, proof by a preponderance of the evidence means what is sought to be proved is more probable than not.N.H. Code Admin. R. Env-C 204.05
#5860, eff 7-1-94; ss by #6960, eff 3-25-99; ss by #8851-A, eff 3-25-07