In determining which party bears the burden of proof, the judge shall first consider the applicable statute, the referring agency's rules, and the referring agency's policy in accordance with §155.419 of this title (relating to Consideration of Policy Not Incorporated in Referring Agency's Rules). After considering those sources, the judge may consider additional factors, including:

1. (1) the status of the parties;
2. (2) the parties' relative access to and control over information pertinent to the merits of the case;
3. (3) the party seeking affirmative relief;
4. (4) the party seeking to change the status quo; and
5. (5) whether a party would be required to prove a negative.

Source Note:The provisions of this §155.427 adopted to be effective November 26, 2008, 33 TexReg 9451.