Section Plc 206.24 - Burden and Standard of Proof(a) Subject to (c) through (h), below, the person asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.(b) Without limiting the generality of (a), above, the person filing a motion shall have the burden of persuading the presiding officer that the motion should be granted.(c) In a disciplinary or non-disciplinary remedial hearing, the prosecutor shall have the overall burden of proof by a preponderance of the evidence, unless (f), below, applies.(d) In a hearing held pursuant to Plc 206.07(b) to determine whether to continue an emergency suspension pending a full adjudication, the prosecutor shall have the burden of proof as stated in Plc 206.07(e) or (f), as applicable.(e) Subject to (f), below, in a hearing to determine whether to issue a license, the applicant shall have the overall burden of proving that he or she meets the qualifications established in applicable law by a preponderance of the evidence.(f) In a hearing held pursuant to RSA 332-G relative to determining whether an applicant or potential applicant is disqualified by reason of a criminal record, the board shall have the burden of proof on the factors listed in RSA 332-G by clear and convincing evidence.(g) In any disciplinary or non-disciplinary remedial proceeding, license revocation shall be imposed only if all elements of the misconduct on which the revocation would be based are either admitted by the respondent or proven by clear and convincing evidence.(h) In any reciprocal discipline hearing:(1) The licensee or applicant shall have the burden of persuasion by a preponderance of the evidence that the individual's conduct in another jurisdiction does not constitute grounds to impose sanctions or deny licensure, as applicable, in New Hampshire, or that lesser sanctions should be imposed in New Hampshire; and(2) The prosecutor shall bear the burden of persuasion by a preponderance of the evidence on the issue of whether more stringent sanctions should be imposed in New Hampshire.N.H. Admin. Code § Plc 206.24
Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (See Revision Note #2 at chapter heading for Plc 200).