OAR 438-085-0820: Burden of Proof

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