§1149.48. Who has the burden of proof?

45 C.F.R. § 1149.48

(a)

The NEA must prove your liability and any aggravating factors by a preponderance of the evidence.

(b)

You must prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

Notes, amendments, and revision history

Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

Source: 79 FR 67081, Nov. 12, 2014, unless otherwise noted.