What is the burden of proof required in an administrative hearing?

In the context of an administrative hearing, the correct burden of proof is preponderance of evidence. This standard requires that the evidence presented must show that something is more likely true than not true, essentially meaning that there is a greater than 50% chance that the claim is valid. This is a lower threshold than beyond a reasonable doubt, which is used in criminal cases, and does not require the same level of certainty.

Clear and convincing evidence is a higher standard than preponderance of evidence and is typically used in certain civil cases, particularly where the stakes are significant, such as in parental rights cases. Similarly, probable cause refers to a reasonable basis for believing that a crime may have been committed, which is a standard applied in law enforcement contexts rather than administrative hearings.

Understanding that preponderance of evidence is the standard for administrative hearings is crucial because it reflects the nature of such proceedings, which often deal with regulatory matters rather than criminal guilt.