D.C. Mun. Regs. tit. 3, r. 3-5518

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 3-5518 - BURDEN OF PROOF

5518.1

In all cases involving a notice of violation, the Director has the burden of persuading the Board that a violation has occurred by substantial evidence.

5518.2

The Director has the burden of producing evidence of a prima facie case that a respondent has committed a violation. Whenever a respondent asserts an affirmative defense to a notice of violation, the respondent will bear the burden of producing sufficient evidence to establish the affirmative defense.

D.C. Mun. Regs. tit. 3, r. 3-5518

Final Rulemaking published at 60 DCR 747 (January 25, 2013)

Authority: Section 209 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.) (2012 Supp.)).