A. Case initiated by notice of contest: In proceedings commenced by the filing of a notice of contest, the department shall have the burden of establishing a prima facie case as to:

(1) the existence and classification of each alleged violation;

(2) the propriety of the proposed penalty, if any, for each alleged violation; and

(3) the reasonableness of the abatement period for each alleged violation.

D. Rebuttal: In any case, once a prima facie case has been established by the party with the burden of doing so, the burden then shifts to any opposing party to introduce sufficient evidence to rebut such prima facie case.

[4/25/78, 1/1/94; Recompiled 11/30/01]