Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS
Subject 590-3-7 - ADMINISTRATIVE HEARINGS
Rule 590-3-7-.05 - Burden of Proof; Admissibility of Copies of Records

Universal Citation: GA Rules and Regs r 590-3-7-.05

Current through Rules and Regulations filed through March 20, 2024

(1) The party representing the Secretary of State, and his or her staff, shall bear the burden of proof in all matters except that:

(a) In any case involving the imposition of civil penalties, an administrative enforcement order, or the revocation, suspension, amendment, or non-renewal of a registration, the holder of the registration or the person from whom civil penalties are sought, or against whom an order is issued, shall bear the burden as to any affirmative defenses he, she, or it raises;

(b) Any party challenging the issuance, revocation, suspension, amendment, or non-renewal of a registration who is not the registrant shall bear the burden;

(c) Any applicant for a registration that has been denied shall bear the burden. Any registrant that appeals the conditions, requirements, or restrictions placed on a registration shall bear the burden; and

(d) In any case involving the imposition of civil penalties, an administrative enforcement order, or the revocation, suspension, amendment, or non-renewal of a registration, the registrant or the person from whom civil penalties are sought, or against whom an order is issued, shall bear the burden of proving any exemption or exception from a definition.

(2) The Hearing Officer may, on his or her own motion or on motion of any party and by notice to the parties at least three (3) days prior to the hearing where practicable, but in any event before the start of the hearing, determine that the law or justice requires a different placement of the burden of proof.

(3) Copies of any documents filed in the Secretary of State's office and of any records kept by the Secretary of State, whether such copies are photostatic or electronic imaging, or otherwise, certified by the Secretary of State, shall be admissible with the same force and effect as the original of such documents or records would have if they were produced.

(4) A certificate signed and sealed by the Secretary of State indicating compliance or noncompliance by a person with the Act shall constitute prima-facie evidence of such compliance or noncompliance with the Act, and shall be admissible.

O.C.G.A. Secs. 10-14-14, 10-14-23.

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