In any contested case proceeding, the complainant, counterclaimant, applicant, or petitioner has the burden of going forward with presentation of evidence unless otherwise ordered by the commission. The complainant, counterclaimant, applicant, or petitioner has the burden of proof as to factual allegations which form the basis of the complaint, counterclaim, application, or petition. In a complaint proceeding, the respondent has the burden of proof with respect to affirmative defenses.
S.D. Admin. R. 20:10:01:15.01
General Authority: SDCL 49-1-11(2),(4), 49-34A-4.
Law Implemented: SDCL 49-1-11(2),(4), 49-34A-61.