25 USC 5398 – Appeals
Current as of: 2024 | Check for updates
|
Other versions
In any appeal (including civil actions) involving decisions made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence—
(1) the validity of the grounds for the decision made; and
(2) that the decision is fully consistent with provisions and policies of this subchapter.
Terms Used In 25 USC 5398
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Secretary: means the Secretary of Health and Human Services. See 25 USC 5381