(a) In any appeal of a department decision, the decision being appealed shall be presumed to be lawful and reasonable. The appellant shall bear the burden of proving, by a preponderance of the evidence, that the decision that is being appealed was:
- (1) Contrary to statute or rules; or
- (2) Arbitrary and capricious.
- (b) For motions, waiver requests, and other non-dispositive matters, the participant asserting the truth of a statement shall bear the burden of proving, by a preponderance of the evidence, that the statement is true.
- (c) For purposes of this section, proof by a preponderance of the evidence means that what is sought to be proved is more probable than not.
- (d) Without limiting (a) or (b), above, the participant filing a motion shall have the burden of persuading the council that the motion should be granted.
Source. #8977-A, eff 9-14-07 (from Env-WC 203.16)