Wash. Admin. Code § 182-32-066

Current through Register Vol. 24-12, June 15, 2024
Section 182-32-066 - Burden of proof, standard of proof, and presumptions
(1) The burden of proof is a party's responsibility to provide evidence regarding disputed facts and persuade the presiding officer, reviewing officer or officers, or hearing officer that a position is correct based on the standard of proof. Unless stated otherwise in rules or law, the appellant has the burden of proof in a brief adjudicative proceeding or formal administrative hearing.
(2) Standard of proof refers to the amount of evidence needed to prove a party's position. Unless stated otherwise in rules or law, the standard of proof in a brief adjudicative proceeding or formal administrative hearing is a preponderance of the evidence, meaning that something is more likely to be true than not.
(3) Public officers and school employees benefits board (SEBB) organizations are presumed to have properly performed their duties and acted as described in the law, unless preponderance of the evidence to the contrary is presented. A party challenging this presumption bears the burden of proof.

Wash. Admin. Code § 182-32-066

Adopted by WSR 19-01-055, Filed 12/14/2018, effective 1/14/2019
Amended by WSR 19-14-093, Filed 7/1/2019, effective 8/1/2019
Amended by WSR 20-16-067, Filed 7/28/2020, effective 8/28/2020
Amended by WSR 22-13-168, Filed 6/21/2022, effective 1/1/2023