Who typically bears the burden of proof in an agency hearing?

In administrative law, the burden of proof typically lies with the individual or business appearing before the agency in proceedings. This means that if a person or business is challenging a decision made by an agency or is appealing to an agency for a specific action, they are responsible for presenting sufficient evidence to support their claims or defenses.

Several factors contribute to this principle. When an individual or entity seeks to obtain a benefit, such as a license or permit, or is contesting a regulatory action, it is only fair and logical that they provide evidence to substantiate their position. The agency acts as a neutral arbiter, and requiring the individual or business to present proof ensures that there is a structured process where evidence can be critically examined.

This standard contrasts with other contexts where an agency might be required to demonstrate sufficient justification for its actions, particularly if that action adversely affects rights or interests. However, in most initial hearings before administrative agencies, the responsibility falls on the petitioning party to prove their case.

Understanding this allocation of the burden of proof is crucial for individuals and businesses involved in administrative processes, as it informs their strategy regarding evidence collection and presentation in hearings.