burden of demonstrating error in District of Columbia

2006Furthermore, we “ ‘start from the premise that the agency’s decision, like the decision of a trial court, is presumed to be correct, so that the burden of demonstrating error is on the appellant or petitioner who challenges the decision.’ ” Hoage v. Board of Trustees of the Univ. of the District of Columbia, 714 A.2d 776, 781 (D.C.1998) (quoting Cohen v. Rental Housing Comm’n, 496 A.2d 603, 605 (D.C.1985)).

1999While “[n]o person shall vote on any post-hearing motion unless the member participated in and voted on the original decision, or the member read the transcript of the hearings and reviewed the record,” 11 DCMR § 3332.8, “we start from the premise that the agency’s decision, like the decision of a trial court, is presumed to be correct, so that the burden of demonstrating error is on the appellant or petitioner who challenges the decision.” Cohen v. Rental Housing Comm’n, 496 A.2d 603, 605 (D.C.1985) (citation omitted).

1992If there were such evidence of record, it is appellant who has the burden of demonstrating error and producing "a record sufficient to show affirmatively that error occurred." See Cobb v. Standard Drug Co., Inc., 453 A.2d 110, 111 (D.C.1982); see also Tung v. W.T.

1992If there were such evidence of record, it is appellant who has the burden of demonstrating error and producing “a record sufficient to show affirmatively that error occurred.” See Cobb v. Standard Drug Co., Inc., 453 A.2d 110, 111 (D.C.1982); see also Tung v. W.T.

2019Neighbors v. District of Columbia Zoning Comm'n (" UMN I"), 197 A.3d 1063 , 1067 (D.C. 2018) (internal quotation marks and brackets omitted). "[T]he agency's decision ... is presumed to be correct, so that the burden of demonstrating error is on the ... petitioner who challenges the decision." Id. at 1068 (internal quotation marks omitted).

2019Neighbors v. District of Columbia Zoning Comm'n (" UMN I"), 197 A.3d 1063 , 1067 (D.C. 2018) (internal quotation marks and brackets omitted). "[T]he agency's decision ... is presumed to be correct, so that the burden of demonstrating error is on the ... petitioner who challenges the decision." Id. at 1068 (internal quotation marks omitted).

1997“In considering petitioner’s argument that the [agency] decision is not supported by reliable, probative, and substantial evidence in the record, see D.C.Code §§ 1-1509(e), -1510(a)(3)(E) (1992 Repl.), we begin with the premise that the agency’s decision ‘is presumed to be correct, so that the burden of demonstrating error is on the appellant or petitioner who challenges the decision.’ ” Robinson v. Smith, 683 A.2d 481, 487 (D.C.1996) (quoting Cohen v. Rental Housing Comm’n, 496 A.2d 603, 605 (D.C.1985)).

1997Thus, “[i]n considering [Mr. Kolson’s] argument that the [agency] decision is not supported by reliable, probative, substantial evidence in the record, see D.C.Code §§ l-1509(e), - 1510(a)(3)(E) (1992 Repl.), we begin with the premise that the agency’s decision ‘is presumed to be correct, so that the burden of demonstrating error is on the appellant or petitioner who challenges the decision.’” Robinson v. Smith, 683 A.2d 481, 487 (D.C. 1996) (quoting Cohen v. Rental Housing Comm’n, 496 A.2d 603, 605 (D.C.1985)).

2018Appeals , 912 A.2d 1181 , 1184 (D.C. 2006) (quoting Hoage v. Board of Trs. of the Univ. of the District of Columbia , 714 A.2d 776 , 781 (D.C. 1998) ).

2006Furthermore, we “ ‘start from the premise that the agency’s decision, like the decision of a trial court, is presumed to be correct, so that the burden of demonstrating error is on the appellant or petitioner who challenges the decision.’ ” Hoage v. Board of Trustees of the Univ. of the District of Columbia, 714 A.2d 776, 781 (D.C.1998) (quoting Cohen v. Rental Housing Comm’n, 496 A.2d 603, 605 (D.C.1985)).

1997Cooper v. District of Columbia Dep't of Employment Servs., 588 A.2d 1172, 1174 (D.C. 1991) (noting the agency decision is presumed to be correct and the petitioner bears the burden of demonstrating error).

1997Cooper v. District of Columbia Dep’t of Employment Servs., 588 A.2d 1172, 1174 (D.C.1991) (noting the agency decision is presumed to be correct and the petitioner bears the burden of demonstrating error).

1997“In order to receive workers’ compensation, an injury must both arise out of and occur within the course of the employment.” Grayson v. Department of Employment Services, 516 A2d 909, 911 (D.C.1986) (citations omitted).