50 CFR § 221.57 - Who has the burden of persuasion, and what standard of proof applies?

---
identifier: "/us/cfr/t50/s221.57"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 221.57 - Who has the burden of persuasion, and what standard of proof applies?"
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "221.57"
section_name: "Who has the burden of persuasion, and what standard of proof applies?"
chapter_name: "NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
subchapter_number: "C"
subchapter_name: "MARINE MAMMALS"
part_number: "221"
part_name: "CONDITIONS AND PRESCRIPTIONS IN FERC HYDROPOWER LICENSES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 797(e), 811, 823d."
regulatory_source: "80 FR 17207, Mar. 31, 2015, unless otherwise noted."
cfr_part: "221"
---


# 221.57 Who has the burden of persuasion, and what standard of proof applies?

(a) Any party who has filed a request for a hearing has the burden of persuasion with respect to the issues of material fact raised by that party.

(b) The standard of proof is a preponderance of the evidence.