TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION
SUBCHAPTER a: ADMINISTRATIVE RULES
PART 1110 RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 1110.190 BURDEN OF PROOF


 

Section 1110.190  Burden of Proof

 

a)         The burden of proof rests with the Department in all cases instituted by the Department by the filing of a Complaint.  A recommendation for discipline may be made by the Committee or hearing officer only where the Department establishes by clear and convincing evidence that the allegations of the Complaint are true.

 

b)         The burden of proof in all cases instituted by the filing of a Petition for Hearing rests with the petitioner.  The petitioner must prove by a preponderance of the evidence that the license should be granted or restored, as the case may be.