Section 3-5518. BURDEN OF PROOF

 

5518.1In all cases involving a notice of violation, the Director has the burden of persuading the Board that a violation has occurred by substantial evidence.

 

5518.2The 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.

 

 

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.)).

source

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