Ga. Comp. R. & Regs. 120-2-2-.39

Current through Rules and Regulations filed through June 17, 2024

Rule 120-2-2-.39 - Burden of Proof

1. In any case involving an administrative enforcement order, or the revocation, suspension, amendment, or non-renewal of a license, the holder of the license and the person against whom an order is issued shall bear the burden as to any affirmative defenses raised.

2. A party challenging the issuance, revocation, suspension, amendment, or non-renewal of a license who is not the licensee shall bear the burden.

3. An applicant for a license that has been denied shall bear the burden.

4. Any licensee that appeals the conditions, requirements, or restrictions placed on a license shall bear the burden.

5. Unless otherwise provided for in (1)-(4) of this Rule the proponent of a factual proposition has the burden of introducing evidence to support that proposition.

6. Unless otherwise provided by law, the standard of proof on all issues in a hearing shall be a preponderance of the evidence.

Ga. Comp. R. & Regs. R. 120-2-2-.39

O.C.G.A. §§ 33-2-9, 33-2-21et seq.

Original Rule entitled "Burden of Proof" adopted. F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.