Burden of Proof

(1) When a complaint issued under 456 CMR 17.00 alleges that a service fee is invalid under 456 CMR 17.02 or 17.04, the burden of proof shall be on the charging party to establish the defects by a preponderance of the evidence. (2) When a complaint issued under 456 CMR 17.00 alleges that part or all of the amount of a service fee is impermissible under 456 CMR 17.03, the burden of proof shall be on the exclusive bargaining agent to establish by a preponderance of the evidence that the contested amounts are permissible.