Section Env-WC 204.14 - Burden and Standard of Proof(a) In any appeal of a department decision, the decision being appealed shall be presumed to be lawful and reasonable. The appellant shall bear the burden of proving, by a preponderance of the evidence, that the decision that is being appealed was: (1) Contrary to statute or rules; or(2) Arbitrary and capricious.(b) For motions, waiver requests, and other non-dispositive matters, the participant asserting the truth of a statement shall bear the burden of proving, by a preponderance of the evidence, that the statement is true.(c) For purposes of this section, proof by a preponderance of the evidence means that what is sought to be proved is more probable than not.(d) Without limiting (a) or (b), above, the participant filing a motion shall have the burden of persuading the council that the motion should be granted.N.H. Code Admin. R. Env-WC 204.14
#8977-A, eff 9-14-07 (from Env-WC 203.16 )