S.D. Admin. R. 20:10:01:15.01 - Burden in contested case proceeding
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.
Notes
General Authority: SDCL 49-1-11(2),(4), 49-34A-4.
Law Implemented: SDCL 49-1-11(2),(4), 49-34A-61.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.