Section 104.244  Burden of Proof

a)         The burden of proof in hearings conducted pursuant to 89 Ill. Adm. Code 140.14 shall be on the Department if the application was denied because the vendor engaged in activities which constitute grounds for termination or was denied pursuant to 89 Ill. Adm. Code 140.14(c). The burden of proof shall be on the applicant if the application was denied because of:

1)         a determination that a previously terminated or barred vendor cannot reasonably be expected to meet the requirements of the Department; or

2)         a determination that based on the activities which served as the basis for terminating or barring a vendor, the application should not be approved.

b)         The burden of proof in hearings conducted pursuant to 89 Ill. Adm. Code 140.15 or Subpart D of this Part shall be on the Department.

c)         The burden of proof in hearings conducted pursuant to 89 Ill. Adm. Code 140.16 shall be on the Department.

d)         The burden of proof in hearings conducted pursuant to 89 Ill. Adm. Code 140.32 shall be on the party seeking special permission, and in hearings conducted pursuant to 89 Ill. Adm. Code 140.19(b) shall be on the vendor.

e)         In the case of any new matter introduced in connection with any affirmative defense, the burden of proof with respect thereto shall be upon the party which alleges such new matter.  In hearings initiated pursuant to Section 104.209, a party alleging that the support order referenced in the notice has subsequently been modified shall have the burden of producing a certified copy of the modified order.

f)          The standard of proof with respect to all hearings conducted pursuant to these rules shall be a preponderance of the evidence.

(Source:  Amended at 19 Ill. Reg. 1321, effective January 30, 1995)