(a) 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 case law, statute, or rules; or
- (2) Arbitrary and capricious.
- (b) For motions, waiver requests, and other non-dispositive matters, the party 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.
Source. #8031, eff 1-24-04