Section 5-A8022. BURDEN OF PROOF

 

8022.1In a hearing resulting from a proposed action to reduce, suspend, or revoke a license, the Commission has the burden of proving by a preponderance of the evidence that the proposed action should be taken.

 

8022.2In a hearing resulting from the denial of a license application, the applicant has the burden of satisfying the Commission of the applicant’s qualifications by a preponderance of the evidence.

 

authority

The Education Licensure Commission (ELC) (Commission), pursuant to authority set forth in sections 6(b)(3) and 11 of the Education Licensure Commission Act of 1976 (the Act), effective April 6, 1977 (D.C. Law 1-104: D.C. Official Code §§ 38-1306(b)(3) and 38-1311 (2010 Supp.)), and Mayor’s Order 89-120, dated May 31, 1989; and the State Superintendent of Education pursuant to section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b) (2010 Supp.)).

source

Notice of Final Rulemaking published at 58 DCR 2424, 2452 (March 18, 2011).