Sec. 07.01.04.12. Burdens of Going Forward and Persuasion

A. When, by specific statute or regulation, the burden of going forward or the burden of persuasion rests upon a certain party, this regulation does not shift that burden.

B. Except as provided in §A of this regulation:

(1) An applicant who has requested a hearing pursuant to Regulation .03A of this chapter bears the burden of:

(a) Going forward to establish a prima facie case of entitlement to the assistance, approval, license, or registration sought, and

(b) Persuasion that the agency decision was incorrect;

(2) When a recipient or other individual has requested a hearing or record review pursuant to Regulation .03B or C of this chapter, the agency bears the burden of:

(a) Going forward to establish that its decision was prima facie correct, and

(b) Persuasion that the agency decision was correct.

C. A party with the burden of persuasion shall meet the burden with:

(1) Clear and convincing evidence on the issue of whether an intentional program violation occurred; and

(2) A preponderance of the evidence in all other instances.

D. Except as provided by §§A-C of this regulation, the party asserting the affirmative of an issue has the burden of going forward and the burden of persuasion.