- (a) For purposes of this section, “by preponderance of the evidence” means what is sought to be proved is more probable than not.
- (b) In a hearing held to determine whether a license or permit that has already been issued should be suspended, revoked, or not renewed, or whether an application for a new license or permit should be denied the department shall bear the overall burden of persuasion by a preponderance of the evidence.
- (c) In a hearing to determine whether an administrative fine should be imposed the department shall bear the overall burden of persuasion by a preponderance of the evidence.
Source. #7529, eff 7-12-01