Ill. Admin. Code tit. 41, § 2123.190 – Burden of Proof | Midpage
§ 2123.190
Ill. Admin. Code tit. 41, § 2123.190
Burden of Proof
AUTHORITY: Implementing the Boiler and Pressure Vessel Safety Act [430 ILCS 75] and the Boiler and Pressure Vessel Repairer Regulation Act [225 ILCS 203] and authorized by Section 16 of the Boiler and Pressure Vessel Safety Act [430 ILCS 75/16] and Section 25 of the Boiler and Pressure Vessel Repairer Regulation Act [225 ILCS 203/25].BOARD OF BOILER AND PRESSURE VESSEL RULES
a) The burden of proof rests with the Office in all cases initiated by the Office by the filing of a Complaint. A recommendation for discipline may be made by the Board or hearing officer only where the Office establishes by clear and convincing evidence that the allegations of the Complaint are true.
b) The burden of proof in all cases initiated by the filing of a Petition for Hearing rests with the petitioner. The petitioner must prove by a preponderance of the evidence that the license should be granted or restored, as the case may be.