Rule 616-1-2-.07 - Burden of Proof(1) The agency shall bear the burden of proof in all matters except that: (a) a party challenging the issuance, revocation, suspension, amendment, or non-renewal of a license who is not the licensee shall bear the burden;(b) an applicant for a license that has been denied shall bear the burden;(c) any licensee that appeals the conditions, requirements, or restrictions placed on a license shall bear the burden;(d) an applicant for, or recipient of, a public assistance benefit shall bear the burden unless the case involves an agency action reducing, suspending, or terminating a benefit; and(e) a party raising an affirmative defense shall bear the burden as to such affirmative defense.(2) Prior to the commencement of the hearing, the Court may determine that law or justice requires a different placement of the burden of proof.(3) The burden of proof does not shift based on which party presents its evidence first. Instead, the Court, at its discretion, may determine the order of presentation of evidence.Ga. Comp. R. & Regs. R. 616-1-2-.07
O.C.G.A. §§ 50-13-13; 50-13-40(c); 50-13-41.
Original Rule entitled "Hearings for the Department of Consumer Affairs" adopted as ER. 616-1-2-0.2-.07. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.Amended: Permanent Rule entitled "Burdens of Persuasion and Going Forward" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Feb. 27, 1997; eff. Mar. 19, 1997.Amended: Rule retitled "Burden of Proof". F. Dec. 12, 2003; eff. Jan. 1, 2004.Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: F. June 22, 2020; eff. July 12, 2020.