New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 206 - ADJUDICATIVE PROCEEDINGS
Section Plc 206.24 - Burden and Standard of Proof
Current through Register No. 12, March 21, 2024
(a) Subject to (c) through (g), below, the person asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.
(b) Without limiting the generality of (a), above, the person filing a motion shall have the burden of persuading the presiding officer or, for any dispositive motion, the regulatory authority, that the motion should be granted.
(c) In a disciplinary hearing, the prosecutor shall have the overall burden of proof by a preponderance of the evidence, unless (f), below, applies.
(d) In a hearing held pursuant to Plc 206.07(b) to determine whether to continue an emergency suspension pending a full adjudication, the prosecutor shall have the burden of proof as stated in Plc 206.07(e) or (f), as applicable.
(e) Subject to (f), below, in a hearing to determine whether to issue a license, the applicant shall have the overall burden of proving that he or she meets the qualifications established in applicable law by a preponderance of the evidence.
(f) In a hearing held pursuant to RSA 332-G:13 relative to determining whether an applicant or potential applicant is disqualified by reason of a criminal record, the regulatory authority shall have the burden of proof on the factors listed in RSA 332-G:13, VI(b) by clear and convincing evidence.
(g) In any disciplinary proceeding, license revocation shall be imposed only if all elements of the misconduct on which the revocation would be based are either admitted by the respondent or proven by clear and convincing evidence.
