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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Killingham v. District of Columbia Rental Housing Commission, 810 A.2d 925 (2002)

Citation
Killingham v. District of Columbia Rental Housing Commission, 810 A.2d 925 (2002)
Parent Document
Killingham v. District of Columbia Rental Housing Commission, 810 A.2d 925 (2002)
Jurisdiction
DC (municipal)
Effective Date
2002-11-27

Full Text

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We have held in a number of cases that assignment of the burden of proof may be of critical importance in determining the outcome of a case. For example, in Kea v. Police & Firemen’s Ret. & Relief Bd., 429 A.2d 174 (D.C.1981), we reversed an agency order terminating disability payments to a former United States Park Police officer because the agency misallocated the burden of proof by requiring the officer to prove “with reasonable medical certainty” that he had not recovered from injuries suffered when he was shot while on duty. We stated that “the proper allocation of the burden of proof is among the essential rules of evidence which must be observed in adjudication by administrative agencies.” Id. at 175.