[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR672.17]



[Page 239]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.17  Burden of presentation; burden of persuasion.



    The complainant has the burden of going forward with and of proving 

that the violation occurred as set forth in the complaint and that the 

proposed civil penalty, revocation, suspension, or other sanction, is 

appropriate. Following the establishment of a prima facie case, 

respondent has the burden of presenting and of going forward with any 

defense to the allegations set forth in the complaint. The Presiding 

Officer shall decide all controverted matters upon a preponderance of 

the evidence.