Section Env-WtC 206.07 - Burden and Standard of Proof(a) For any appeal under RSA 482-A, the appellant shall bear the burden of proving that the decision of the department that is being appealed was unlawful or unreasonable, as specified in RSA 482-A:10, V.(b) For any appeal under RSA 483-B, the appellant shall bear the burden of proving that the decision of the department that is being appealed was unlawful or unreasonable.(c) Proof shall be by a preponderance of the evidence.(d) For any appeal under RSA 482-A, the council shall accept all findings of the department upon questions of fact properly before it as lawful and reasonable as specified in RSA 482-A:10, V, unless the appellant or other party specifically rebuts a finding as unlawful or unreasonable given the information available to the department at the time it made the finding.(e) For any appeal under RSA 483-B, the council shall accept all findings of the department upon questions of fact properly before it as lawful and reasonable unless the appellant or other party specifically rebuts a finding as unlawful or unreasonable given the information available to the department at the time it made the finding.(f) 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.(g) 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-WtC 206.07
#8534, eff 12-30-05; ss by #9214, INTERIM, eff 7-23-08, (formerly Env-WtC 206.05 ); ss by #9347, eff 12-10-08