22 CFR § 17.8 - Burdens of proof.

---
identifier: "/us/cfr/t22/s17.8"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "22 CFR § 17.8 - Burdens of proof."
title_number: 22
title_name: "Foreign Relations"
section_number: "17.8"
section_name: "Burdens of proof."
chapter_name: "DEPARTMENT OF STATE"
subchapter_number: "B"
subchapter_name: "PERSONNEL"
part_number: "17"
part_name: "OVERPAYMENTS FROM THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND UNDER THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM (FSRDS) AND THE FOREIGN SERVICE PENSION SYSTEM (FSPS)"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "22 U.S.C. 4047(d); 22 U.S.C. 4071(b); 5 U.S.C. 8470(b); 5 CFR 845.301-07."
regulatory_source: "71 FR 16229, Mar. 31, 2006, unless otherwise noted."
cfr_part: "17"
---


# 17.8 Burdens of proof.

(a) *Burden of the Department of State.* The Bureau of Resource Management, Department of State, must establish by the preponderance of the evidence that an overpayment occurred.

(b) *Burden of individual.* The recipient of an overpayment must establish by substantial evidence that he or she is eligible for waiver or an adjustment in the recovery schedule.