Common use of Xxxxxx of Proof Clause in Contracts

Xxxxxx of Proof. The employer shall bear the burden of proof at the hearing. The Department shall have the burden of providing by a preponderance of the evidence the facts which form the basis for the charge and that the punitive action was reasonable under the circumstances.

Xxxxxx of Proof. The employer shall bear the burden of proof at the hearing. The Department shall have the burden of providing proving by a preponderance of the evidence that the facts which form the basis for the charge punitive action and that the punitive action was reasonable under the circumstances.