Washington Administrative Code
Title 182 - Health Care Authority
SCHOOL EMPLOYEES BENEFITS BOARD (SEBB) PROGRAM
Chapter 182-32 - Appeals practices and procedures
Part I - GENERAL PROVISIONS
Section 182-32-066 - Burden of proof, standard of proof, and presumptions

Universal Citation: WA Admin Code 182-32-066

Current through Register Vol. 24-18, September 15, 2024

(1) The burden of proof is a party's responsibility to provide evidence regarding disputed facts and persuade the presiding officer, reviewing officer or officers, or hearing officer that a position is correct based on the standard of proof. Unless stated otherwise in rules or law, the appellant has the burden of proof in a brief adjudicative proceeding or formal administrative hearing.

(2) Standard of proof refers to the amount of evidence needed to prove a party's position. Unless stated otherwise in rules or law, the standard of proof in a brief adjudicative proceeding or formal administrative hearing is a preponderance of the evidence, meaning that something is more likely to be true than not.

(3) Public officers and school employees benefits board (SEBB) organizations are presumed to have properly performed their duties and acted as described in the law, unless preponderance of the evidence to the contrary is presented. A party challenging this presumption bears the burden of proof.

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