Rule 8.7 Burden and Standard of Proof

In proceedings under rules 8.2 or 8.3, the party asserting or alleging the incapacity has the burden of establishing it by a preponderance of the evidence. If the issue of incapacity is raised by a hearing officer or panel, the Association has the burden of proof.

[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a permanent rule.]