49 CFR 98.8 – Decision by examiner
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(a) In a hearing under § 98.7 of this part, the Departmental counsel must establish a violation by a preponderance of the evidence.
Terms Used In 49 CFR 98.8
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) The examiner shall make a decision exclusively on matters of record in the proceeding and shall set forth in the decision:
(1) All findings of fact relevant to the matters at issue;
(2) All conclusions of law relevant to the matters at issue; and
(3) The sanction to be imposed, if any.