Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 357 - HEARINGS
Subchapter A - UNIFORM FAIR HEARING RULES
Section 357.9 - Burden of Proof in a Fair Hearing
Universal Citation: 1 TX Admin Code ยง 357.9
Current through Reg. 49, No. 38; September 20, 2024
The burden of proof in a fair hearing regarding a specific issue is proof by a preponderance of the evidence. The party that bears the burden of proof meets the burden if the stronger evidence, on the whole, favors that party, as determined by the hearings officer. Depending on the type of hearing, the following apply:
(1) The agency or its designee bears the burden of proof.
(2) The nursing facility bears the burden of proof in transfer and discharge hearings.
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