Attorney General Opinion No.

Mary Ann Gabel Executive Director Behavioral Sciences Regulatory Board 712 Kansas, 1st Floor Topeka, Kansas 66603

Dear Ms Gabel:

As executive director for the Kansas behavioral sciences regulatory board, you ask our opinion concerning the burden of proof required in an administrative proceeding to warrant disciplinary action against the holder of a professional license or registration. Specifically you ask whether the requisite burden is proof by a preponderance of the evidence or proof by clear and convincing evidence.

"Burden of proof" means the obligation of a party to meet the requirements…