Tenn. Comp. R. & Regs. 1340-02-02-.15 - BURDEN OF PROOF
(1) The "burden of
proof" refers to the duty of a party to present evidence on and to show, by a
preponderance of the evidence, that an allegation of fact is true or that an
issue should be resolved in favor of that party.
(2) A "preponderance of the evidence" means
the greater weight of the evidence or that, according to the evidence, the
conclusion sought by the party with the burden of proof is the more probable
conclusion.
(3) The claimant has
the burden of proof as to standing, as to any motions or other pleadings
advanced by the claimant, and as to any matter set forth in the Act whereby the
burden of proof is placed on the claimant. Claimant's burden of proof at a
contested case hearing includes proving the requisites of T.C.A. §
53-11-201(f)(1)
and any alleged exception from forfeiture.
(4) The department has the burden of proof as
to the illegal use of the seized property pursuant to the Act and as to any
motions or other pleadings advanced by the department.
Notes
Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended, and 53-11-201, et seq.
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