Section 15-614. BURDEN OF PROOF

 

614.1The burden of proof shall be by a preponderance of the evidence.

 

614.2A preponderance of the evidence is that degree of relevant evidence which a reasonable mind, considering the record as a whole, would accept as sufficient to find a contested fact more probably true than untrue.

 

614.3The PSP shall bear the burden of proof with regard to issues of whether the pay telephone is in compliance with these Rules, except as provided in § 614.4.

 

614.4The complainant shall bear the burden of proof with regard to issues of whether the pay telephone is associated with illegal purposes or constitutes a public nuisance.

 

614.5In weighing evidence regarding whether an existing or proposed pay telephone is, or is likely to be, associated with illegal activity, the Hearing Officer shall give great weight to any written statement or testimony from an MPD officer that, based on his or her knowledge and experience, the installation or continued operation of the pay telephone significantly contributes, or is likely to significantly contribute, to criminal activity in the neighborhood and, thereby, adversely affect the health, safety, and welfare of the residents.

 

614.6In weighing evidence regarding whether a pay telephone constitutes a public nuisance, the Hearing Officer shall give great weight to the written recommendation of the ANC for the neighborhood in which the pay telephone is located or proposed to be located.

 

614.7For the purpose of this section, "great weight" means that, unless there is a compelling reason to do other-wise, the Hearing Officer shall defer to the opinion of the MPD or ANC.

 

614.8A pay telephone shall constitute a public nuisance if it adversely affects the common rights of the surrounding community, including, for example, injury to community members' health, safety, peace, comfort, or convenience.

 

source

Final Rulemaking published at 48 DCR 1151 (February 9, 2001).