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.
(Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
Editorial Notes
Codification
Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and renumbering as this section.
Take Action
Your position
Add a comment
to comment on this section.
Annotate the text
Highlight any passage on the Full Text tab to attach a note. Annotations appear on the Annotations tab.