CFR › Title 18 › Part 385 › §385.91118 CFR §385.911Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗Copy link(a)The Secretary has the burden of going forward and must sustain the burden of proof with respect to disputed elements of affirmative case of the Secretary.(b)The Commission order will be based on a preponderance of the evidence.