D.C. Mun. Regs. tit. 1, § 1218
Repealed
Effective Aug 14, 201562 DCR 11123Authority: Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7) and Section 2(b) of the Office of Administrative Hearings Jurisdiction Clarification Temporary Amendment Act of 2023, effective December 20, 2023 (D.C. Law 25-0097; 71 DCR 000012). Source: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 010756 (October 15, 2021); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024).District of Columbia, Office of the Secretary
1218 BURDEN OF PROOF
1218.1 In all cases before the Board the appellant has the burden of persuading the Board that the Chief's final action should be reversed or modified based on substantial evidence.
1218.2 The appellant has the burden of producing evidence that (1) the appellant met all the non-discretionary requirements of the Act, and (2) that having met all the non-discretionary requirements of the Act, the Chief's exercise of discretion was not supported by reliable, probative, and substantial evidence.
SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015).