09.01.02.16

.16 Burden of Proof.

A. In the hearing of a contested case involving allegations that the respondent violated a law or regulation, the presenter of evidence for the administrative unit shall bear the burden of proving, by a preponderance of the evidence, that the respondent committed the violations set forth in the charging document.

B. In the hearing of a contested case resulting from the denial, or proposed denial, of a license, certificate, registration, or permit, the applicant shall have the burden of establishing, by a preponderance of the evidence, the applicant's entitlement to the license, certificate, registration, or permit.

C. In a proceeding involving a guaranty fund claim, the claimant shall have the burden of proving, by a preponderance of the evidence, that the claimant is entitled to be compensated from the appropriate guaranty fund.