1. (a) The operating agency bears the burden of proof in a fair hearing on an action described in §357.3(1)(A) - (C ) of this chapter (relating to Definitions).
2. (b) The MCO bears the burden of proof in a fair hearing on an action described in §357.3(1)(D) of this chapter (relating to Definitions).
3. (c) The nursing facility bears the burden of proof in a fair hearing on an action described in §357.3(1)(E) of this chapter (relating to Definitions).
4. (d) The individual bears the burden on any issue requiring the showing of "good cause" or an affirmative defense to the action or adverse determination.

Source Note:The provisions of this §357.21 adopted to be effective March 31, 1999, 24 TexReg 2293; amended to be effective November 16, 2003, 28 TexReg 9806.