Common use of Burdens of Proof Clause in Contracts

Burdens of Proof. In accordance with 49 CFR 26.61, the firm seeking certification has the burden of demonstrating to the MRCC, by a preponderance of the evidence, that it meets the requirements concerning group membership or individual disadvantage, business size, ownership and control. o The MRCC will make a rebuttable presumption that members of the designated groups identified in 49 CFR 26.67 are socially disadvantaged. Where the presumption does not apply or has been rebutted, the individuals have the burden of proving, by a preponderance of the evidence, that they are socially disadvantaged. The applicant also has the burden of proof to demonstrate economic disadvantaged status based upon the requirement for personal net worth contained in 49 CFR Part 26. o The MRCC will make determinations concerning whether individuals and firms have met the burden of demonstrating group membership, ownership, control, and social and economic disadvantage by considering all the facts in the record, viewed as a whole.