---
kind: "section"
citation: "45 C.F.R. § 1149.48"
title: "45"
number: "1149.48"
heading: "Who has the burden of proof?"
url: "https://uscodex.org/cfr/45/1149.48"
---

# §1149.48. Who has the burden of proof?

- (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

### Authority

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

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