D.C. Mun. Regs. tit. 1, § 1218
1218.1 An appellant challenging an adverse action shall have the burden of production of evidence and the burden of persuasion in any appeal before the Board.
1218.2 The Board reviews disputed facts de novo. An appellant shall prove disputed material facts by a preponderance of the evidence. Preponderance of the evidence shall mean the degree of relevant evidence which a reasonable mind, considering the record as a whole, would accept as sufficient to find a disputed fact more probably true than untrue.
1218.3 The Board shall defer to the Chief's exercise of discretion in applying the statutory and regulatory standards for licensure, provided that it is rationally supportable and could have been arrived at reasonably, and shall include an explanation in its decision as to why it has or has not upheld the Chief's determination under that standard.
SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 010756 (October 15, 2021).