N.H. Admin. Code § Ins 206.05 - Burden and Standard of Proof
(a) For purposes of
this section, "proof by a preponderance of the evidence" means what is sought
to be proved is more probable than not.
(b) In a hearing held to determine whether a
certification, license, permit, or other approval that has already been issued
should be suspended or revoked, the department shall, unless otherwise required
by statute, present a prima facie case supporting its action in order to meet
its burden of going forward with evidence of the violation, after which the
opposing party shall bear the burden of persuasion to present evidence to
convince the hearing officer that the department's position should not be
upheld.
(c) The standards for
meeting the department's burden of going forward with evidence of the violation
and the respondent's burden of persuasion shall be by a preponderance of the
evidence.
(d) In a hearing held to
determine whether an administrative fine should be imposed, the department
shall bear the overall burden of proof by a preponderance of the
evidence.
(e) In any hearing held
pursuant to
RSA 400-A:17,
II(b) to review a department decision, the
burden of proof shall be on the person seeking to overturn the
decision.
(f) The party asserting a
proposition shall bear the burden of proving the truth of the proposition by a
preponderance of the evidence.
Notes
#9052-A, eff 1-2-08 (from Ins 205.04); ss by #9650-A, eff 2-5-10
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