Ohio Admin. Code 3745-47-15 - Burden of proof - evidence
(A) The burden at all adjudication hearings
with respect to applications for permits, licenses, variances, certificates, or
other authorizing actions shall be upon the applicant to prove entitlement to
the permit, license, variance, certificate, or authorizing action .
(B) Except as provided in paragraph (A) of
this rule, the agency shall bear
bears the burden of proof at all adjudication
hearings relating to the following:
(1)
Proposed modifications initiated by the agency .
(2) Proposed revocations.
(3) Proposed orders.
(4) Findings under division (B) of section
3714.12, division (B) of section
3734.13, division (C) of section
3745.08, division (B) of section
6109.05, section
6109.14, or division (C) of
section 6111.06 of the Revised
Code.
(5) Notice of the hearing
under division (B) of section
3714.12, division (B) of section
3734.13, division (C) of section
3745.08, division (B) of section
6109.05, section
6109.14, or division (C) of
section 6111.06 of the Revised
Code.
(C) A party
raising an issue of fact shall have the burden of presenting a prima facie case
establishing that fact; thereafter, the burden of proof on such issue is
allocated according to paragraphs (A) and (B) of this rule.
(D) Notwithstanding paragraph (A) of this
rule, there shall be a legal presumption in favor of facts asserted by a party
that can be disproved by evidence available to and under the control of an
opposing party . In order to rebut this presumption, the party having control of
such evidence shall show that the nonexistence of the presumed fact is more
likely than the existence of such fact.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03, 3714.02, 3734.02, 3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3745.01, 3746.04, 3751.02, 3752.03, 3753.02, 6109.04, 6111.03, 6111.041
Rule Amplifies: 119.06, 119.07, 119.08, 119.09, 3745.07
Prior Effective Dates: 07/05/1973, 06/30/1981, 04/02/2012
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