What does the term "preponderance of the evidence" refer to in violation hearings?

The term "preponderance of the evidence" refers to a standard of proof that is used in violation hearings and civil cases. It indicates that one side's evidence is more convincing and holds greater weight than the opposing side's evidence. This does not require proof beyond a reasonable doubt, which is a higher standard typically used in criminal cases. Instead, it simply means that the evidence presented by one party is more likely true than not, tipping the scales in their favor.

This standard is crucial in violation hearings because it establishes the basis upon which a decision is made regarding whether a violation has occurred. The emphasis is on the comparative strength of the evidence rather than an absolute certainty. In essence, if a party demonstrates that their evidence is more credible or compelling than that of the other party, they meet the standard of preponderance of the evidence.