Section Env-AC 205.14 - Burden of Proof(a) The appellant shall bear the burden of proving, by a preponderance of the evidence, that the decision that is being appealed was: (1) Contrary to case law, statute or rules; or(2) Arbitrary and capricious.(b) For motions, waiver requests, and other non-dispositive matters, the party asserting the truth of a statement shall have the burden of proving, by a preponderance of the evidence, that the statement is true.(c) For purposes of this section, proof by a preponderance of the evidence means that what is sought to be proved is more probable than not.(d) Without limiting (a), above, all moving parties and all petitioners shall have the burden of persuading the council that their motion or petition should be granted.N.H. Admin. Code § Env-AC 205.14