---
kind: "section"
citation: "43 C.F.R. § 45.57"
title: "43"
number: "45.57"
heading: "Who has the burden of persuasion, and what standard of proof applies?"
url: "https://uscodex.org/cfr/43/45.57"
---

# §45.57. Who has the burden of persuasion, and what standard of proof applies?

- (a) Any party who has filed a request for a hearing has the burden of persuasion with respect to the issues of material fact raised by that party.
- (b) **The standard of proof is a preponderance of the evidence.**

## Notes

### Authority

Authority: 16 U.S.C. 797(e), 811, 823d.

### Source

Source: 80 FR 17194, Mar. 31, 2015, unless otherwise noted.