Regulation .21 Burdens of Going Forward and Persuasion.
Regulation .21 Burdens of Going Forward and Persuasion.LinkCopy Citation
A.
In any proceeding under this chapter, the petitioner, moving party, or appellant bears the burden of going forward to establish a prima facie case as to the existence of grounds for its action.
B.
The Board or the presiding hearing officer, as appropriate, shall find against a party with the burden of:
(1)
Going forward, if that party has not presented sufficient evidence to establish a prima facie case for the party’s claim or defense; or
(2)
Persuasion, if that party has not presented evidence sufficient to establish the correctness of the party’s claim or defense by a preponderance of the evidence.