25 CAR § 34-115 – Burden of going forward

(a) When a hearing begins, the burden of going forward is on the party with the burden of proof.
(b) When that party has presented his or her evidence, the burden of going forward shifts to the other party.
(c) After that evidence is submitted, the party with the burden of proof may offer rebuttal evidence.
(d) For example, if a person named as a perpetrator of child maltreatment appeals the maltreatment finding, the Department of Human Services has the burden of proof so it presents evidence first.
(e) The appellant then presents his or her evidence.
(f) After that, the department may present rebuttal evidence.
(g) This process may continue until the party with the burden of proof decides to offer no more evidence.