Oregon Administrative Rules
Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD
Division 85 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES UNDER THE OREGON SAFE EMPLOYMENT ACT
Section 438-085-0820 - Burden of Proof
Universal Citation: OR Admin Rules 438-085-0820
Current through Register Vol. 63, No. 9, September 1, 2024
(1) OR-OSHA has the burden of proving:
(a) A denied
violation;
(b) The reasonableness
of a contested penalty;
(c) The
reasonableness of a contested correction order.
(2) The party who contests a proposed OR-OSHA order that will grant, deny, modify or revoke a variance has the burden of proving that the proposed order is incorrect.
(3) The party having the burden of proving a fact must establish it by a preponderance of the evidence.
Stat. Auth.: ORS 183.335 & ORS 656.726(5)
Stats. Implemented: ORS 654.025 & ORS 654.078
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