3/25/19
Burden of Proof
In Criminal Trials the Burden of Proof is on the state or federal government and in Civil Cases the Burden of Proof is on the Plaintiff.
At Trial the Party with the Burden of Proof Presents First.
In Administrative Proceedings the Party Bearing the Burden of Proof Depends on what is Contained in the Statute, in some cases it will be the agency while in others it may be the Respondent.
The Default Rule in Federal Administrative Proceedings is that the Agency Bears the Burden of Proof and thus presents first.
Administrative Proceedings Unless Otherwise Required by Statute or Rule are not Bound by Formal Rules of Evidence
Generally, Hearing Officers Simply Permit all “Relevant” or “Probative” Evidence to be Submitted
Evidence
And, Exclude only that Evidence that it Irrelevant, Immaterial, or Unduly Repetitious.
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