Who has burden of proof in an administrative hearing?

• A. The party who initiates the proceeding
• B. The agency
• C. The public
• D. The presiding officer

Answer: (A)

In administrative hearings, the burden of proof sits with the party who starts the proceeding. That party must show, by a preponderance of the evidence, that their claims are more likely true than not and that they’re entitled to the relief they seek. The agency and its witnesses present evidence to respond, but the initial responsibility to prove the case lies with the petitioner. The presiding officer’s role is to apply the rules of evidence and judge the merits of the evidence presented, not to prove the facts themselves. The public is not a party with a burden of proof in ordinary administrative adjudications. While some statutes can shift burdens in specific contexts, the typical framework places the burden on the initiating party to establish entitlement.