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TITLE 32: ENERGY
CHAPTER II: ILLINOIS EMERGENCY MANAGEMENT AGENCY SUBCHAPTER a: ADMINISTRATIVE HEARING RULES PART 200 ADMINISTRATIVE HEARINGS SECTION 200.150 BURDEN OF PROOF
Section 200.150 Burden of Proof
a) The burden of proof shall be on the Department unless the matter at issue is the denial of an application for licensure or accreditation, or an application for reinstatement of licensure or accreditation which has been previously revoked, suspended, or otherwise terminated. In such cases, the burden of proof shall be on the Respondent.
b) In the case of any new matter introduced in connection with any affirmative defense, the burden of proof with respect thereto shall be upon the party which alleges such new matter.
c) The standard of proof with respect to all hearings conducted pursuant to this Part shall be a preponderance of the evidence.
(Source: Former Section 200.150 repealed, new Section 200.150 adopted at 10 Ill. Reg. 17200, effective September 25, 1986) |