§ 1-28 Burden of Proof.
RCNY § 1-28
(a)Unless otherwise stated in these rules, an applicant must present enough evidence at a hearing to prove that such applicant is entitled to the relief sought in the Application, whether or not an Affected Party is in default or has failed to appear at the hearing. The applicant must prove his or her case by a preponderance of the evidence. If an Affected Party files an answer, the Affected Party has the burden of proving an affirmative defense, if any, by a preponderance of the evidence.
(b)When a party fails to furnish documents requested by the Adjudicator, or fails to submit to examination or cross-examination, inferences adverse to his or her position may be drawn by the Adjudicator from such failure. (Added City Record 3/1/2023, eff. 3/31/2023)
