1. A. Except in unit clarification proceedings, no party shall have the burden of proof in a representation proceeding. Rather, the director in the investigatory phase or the hearing examiner shall have the responsibility of developing a fully sufficient record for a determination to be made, and may request any party to present evidence or arguments in any order. In a unit clarification proceeding, a party seeking any change in an existing appropriate unit, or in the description of such a unit, shall have the burden of proof and the burden of going forward with the evidence.

2. B. In a prohibited practices proceeding, the complaining party has the burden of proof and the burden

   of going forward with the evidence.

[11.21.1.22 NMAC - N, 3/15/2004; A, 2/11/2020]