Section Ins 206.05 - Burden and Standard of Proof(a) For purposes of this section, "proof by a preponderance of the evidence" means what is sought to be proved is more probable than not.(b) In a hearing held to determine whether a certification, license, permit, or other approval that has already been issued should be suspended or revoked, the department shall, unless otherwise required by statute, present a prima facie case supporting its action in order to meet its burden of going forward with evidence of the violation, after which the opposing party shall bear the burden of persuasion to present evidence to convince the hearing officer that the department's position should not be upheld.(c) The standards for meeting the department's burden of going forward with evidence of the violation and the respondent's burden of persuasion shall be by a preponderance of the evidence.(d) In a hearing held to determine whether an administrative fine should be imposed, the department shall bear the overall burden of proof by a preponderance of the evidence.(e) In any hearing held pursuant to RSA 400-A:17, II(b) to review a department decision, the burden of proof shall be on the person seeking to overturn the decision.(f) The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.N.H. Admin. Code § Ins 206.05
#9052-A, eff 1-2-08 (from Ins 205.04); ss by #9650-A, eff 2-5-10
Amended by Volume XL Number 33, Filed August 13, 2020, Proposed by #13073-A, Effective 7/27/2020.