Wednesday, June 27, 2012

Administrative law - burden of proof

Victory Support Services v. DPW - Cmwlth. Court - June 27, 2012 - unpublished memorandum decision


http://www.pacourts.us/OpPosting/Cwealth/out/1849CD11_6-27-12.pdf

The burden of proof at an initial hearing on an agency’s order is on the agency to justify its action. See B.K. v. Dep’t of Pub. Welfare, 36 A.3d 649 (Pa. Cmwlth. 2012); S. Hills Health Sys. v. Dep’t of Pub. Welfare, 510 A.2d 934 (Pa. Cmwlth. 1986) (the party asserting the existence of certain facts bears the burden of proving them).

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The opinion, though not reported, may be cited "for its persuasive value, but not as binding precedent." 210 Pa. Code § 67.55. Citing Judicial Opinions.

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