WAC 371-08-485
Standard and scope of review and burden of
proof at hearings. (1) Hearings shall be formal and
quasi-judicial in nature. The scope and standard of review shall
be de novo unless otherwise provided by law.
(2) The board shall make findings of fact based on the
preponderance of the evidence unless otherwise required by law.
(3) The issuing agency shall have the initial burden of
proof in cases involving penalties or regulatory orders. In
other cases, the appealing party shall have the initial burden of
proof.
[Statutory Authority: RCW 43.21B.170. 02-06-013, § 371-08-485,
filed 2/22/02, effective 3/25/02; 96-15-003, § 371-08-485, filed
7/3/96, effective 8/3/96.]