28 Tex. Admin. Code § 148.14 - Burden of Proof
(a) Burden of Proof on
the Division. The division has the burden of proof in a contested case in which
the division seeks to impose a sanction or has issued an emergency cease and
desist order.
(b) Burden of Proof
on Party Seeking Relief. The burden of proof rests with the party seeking
relief in hearings conducted pursuant to Labor Code §§
408.024,
413.031,
413.0312, and
413.055.
(c) Burden of Proof on the Certified
Self-Insurer. The burden of proof rests with the certified self-insurer in
hearings conducted pursuant to the following sections of the Labor Code:
(1) Section 407.043;
(2) Section 407.046;
(3) Section 407.133; and
(4) Section 407.066. The certified
self-insurer has the burden of proof if they request the hearing to challenge
the position of the division.
(d) Burden of Proof on the Employer. The
burden of proof of showing timely filing or good cause when an allegation of
untimely filing has been made rests with the employer in issues under §
120.2 of this title (relating to
Employer's First Report of Injury).
(e) Standard of Proof. The standard of proof
in a contested case is preponderance of the evidence.
Notes
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