Current through Register No. 50, December 12, 2024
Section We 206.26 - Burden of Proof(a) In all adjudicative hearings, the party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.(b) In a hearing held to determine whether a license should be refused, pursuant to RSA 482-B:8,I, the applicant shall bear the overall burden of proof by a preponderance of the evidence.(c) In a hearing held to determine whether a license should be suspended, revoked, or not renewed, pursuant to RSA 482-B:8,I, the board shall bear the overall burden of proof by a preponderance of the evidence.(d) In an appeal of a disciplinary action which has been taken by the department pursuant to RSA 482-B:8,II, the appellant shall bear the burden of proving, by a preponderance of the evidence, that the decision is unjust, unreasonable, or unlawful.N.H. Admin. Code § We 206.26
#7307, eff 6-13-00; ss by #9178-A, eff 6-13-08