Compilation of Rules and Regulations of the State of Georgia
Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER
Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE
Subject 120-2-2 - PRACTICE AND PROCEDURE
Rule 120-2-2-.39 - Burden of Proof
Current through Rules and Regulations filed through March 20, 2024
1. In any case involving an administrative enforcement order, or the revocation, suspension, amendment, or non-renewal of a license, the holder of the license and the person against whom an order is issued shall bear the burden as to any affirmative defenses raised.
2. A party challenging the issuance, revocation, suspension, amendment, or non-renewal of a license who is not the licensee shall bear the burden.
3. An applicant for a license that has been denied shall bear the burden.
4. Any licensee that appeals the conditions, requirements, or restrictions placed on a license shall bear the burden.
5. Unless otherwise provided for in (1)-(4) of this Rule the proponent of a factual proposition has the burden of introducing evidence to support that proposition.
6. Unless otherwise provided by law, the standard of proof on all issues in a hearing shall be a preponderance of the evidence.
O.C.G.A. §§ 33-2-9, 33-2-21et seq.
