D.C. Mun. Regs. tit. 1, r. 1-2822

Current through Register 71, No. 45, November 7, 2024

Rule 1-2822 - BURDEN OF PROOF

2822.1

Unless otherwise established by law, the proponent of an order shall have the burden of proof, that is, the requirement to persuade the Administrative Law Judge on every contested factual issue.

2822.2

Unless otherwise established by law, the burden of production, that is, the requirement to introduce evidence first, shall be as follows:

(a) Whenever a party challenges the Government's denial of an application for a license, permit, or public benefit, the Government shall have the burden of producing sufficient evidence to establish the reasons for the denial;

(b) Whenever the Government suspends, revokes, or terminates a license, permit, or public benefit, or proposes to do so, the Government shall have the burden of producing sufficient evidence to establish the reasons for its action;

(c) The party asserting an affirmative defense identified in District of Columbia Superior Court Civil Rule 8(c) shall have the burden of producing sufficient evidence to establish that defense; and

(d) The party asserting an exception to the requirements or prohibitions of any statute or rule shall have the burden of producing sufficient evidence to establish that exception.

2822.3

Otherwise, an Administrative Law Judge shall allocate the burden of producing evidence to promote fairness, equity, substantial justice, and sound judicial administration.

2822.4

If the party with the burden of production fails to appear, the party with the burden of proof still must meet its burden, unless otherwise provided by law.

2822.5

If a party has presented all of its evidence on an issue on which it has the burden of proof, and the presiding Administrative Law Judge concludes that the party has failed to meet its burden, the Administrative Law Judge may find against that party on that issue without awaiting the close of all the evidence in that case.

D.C. Mun. Regs. tit. 1, r. 1-2822

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12558 (December 31, 2010); Final Rulemaking published at 63 DCR 6556 (4/29/2016)

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .