Current through Register No. 25, June 20, 2024
Section Env-WMC 205.14 - Burden of Proof(a) 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 case law, statute, or rules; or(2) Arbitrary and capricious.(b) For motions, waiver requests, and other non-dispositive matters, the party 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.N.H. Code Admin. R. Env-WMC 205.14