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Current through Register Vol. 60, No. 12, December 1, 2021
(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.
Or. Admin. R. 438-085-0820
WCB 5-1973, f. & ef. 12-20-73; WCB 10-1974, f. 3-19-74, ef. 4-15-74; WCB 6-1977, f. 5-5-77, ef. 6-1-77; WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98
Stat. Auth.: ORS 183.335 & ORS 656.726(5)
Stats. Implemented: ORS 654.025 & ORS 654.078
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