1. (1) OR-OSHA has the burden of proving:

   1. (a) A denied violation;
   2. (b) The reasonableness of a contested penalty;
   3. (c) The reasonableness of a contested correction order.
2. (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. (3) The party having the burden of proving a fact must establish it by a preponderance of the evidence.

Statutory/Other Authority

ORS 183.335 & 656.726(5)

Statutes/Other Implemented

ORS 654.025 & 654.078

History

WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98
WCB 6-1977, f. 5-5-77, ef. 6-1-77
WCB 10-1974, f. 3-19-74, ef. 4-15-74
WCB 5-1973, f. & ef. 12-20-73