CFR > Title 34 - Education > SUBTITLE A—Office of the Secretary, Department of Education > PART 85—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) > SUBPART H—Debarment (§85.800 to §85.885) > 85.855—Who has the burden of proof in a debarment action?

85.855—Who has the burden of proof in a debarment action?

(a) We have the burden to prove that a cause for debarment exists.
(b) Once a cause for debarment is established, you as a respondent have the burden of demonstrating to the satisfaction of the debarring official that you are presently responsible and that debarment is not necessary.

Code of Federal Regulations

(Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O 12689 (3 CFR, 1989 Comp., p. 235); 20 U.S.C. 1082, 1094, 1221e-3 and 3474 ; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327)