---
kind: "section"
citation: "22 C.F.R. § 17.8"
title: "22"
number: "17.8"
heading: "Burdens of proof."
url: "https://uscodex.org/cfr/22/17.8"
---

# §17.8. Burdens of proof.

- (a) **Burden of the Department of State.** The Bureau of Resource Management, Department of State, must establish by the preponderance of the evidence that an overpayment occurred.
- (b) **Burden of individual.** The recipient of an overpayment must establish by substantial evidence that he or she is eligible for waiver or an adjustment in the recovery schedule.

## Notes

### Authority

Authority: 22 U.S.C. 4047(d); 22 U.S.C. 4071(b); 5 U.S.C. 8470(b); 5 CFR 845.301-07.

### Source

Source: 71 FR 16229, Mar. 31, 2006, unless otherwise noted.
