Section 14-4003. BURDEN OF PROOF

 

4003.1The proponent of a rule or order shall have the burden of establishing each finding of fact essential to the rule or order by a preponderance of evidence.

 

4003.2In show cause or compliance hearings, the burden of proof shall rest on the Rent Administrator.

 

4003.3For purposes of this section, the following definitions shall apply:

 

(a)Substantial evidence - Relevant evidence which a reasonable mind, considering the record as a whole, would accept as adequate to support a conclusion that the matter asserted is true;

 

(b)Harmful procedural error - error made by the hearing examiner in the application of the provisions of law or regulations which, in the absence of the correction of the error, might have caused the hearing examiner to reach a conclusion which is different from the conclusion reached; and

 

(c)Preponderance of evidence - substantial evidence that is of greater weight or is more convincing than the evidence which is offered in opposition to it.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1362 (March 7, 1986).