Texas Administrative Code
Title 1 - ADMINISTRATION
Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS
Chapter 155 - RULES OF PROCEDURE
Subchapter I - HEARINGS AND PREHEARINGS
Section 155.427 - Burden of Proof

Universal Citation: 1 TX Admin Code ยง 155.427

Current through Reg. 49, No. 38; September 20, 2024

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 § RSA 155.419 of this chapter. After considering those sources, the judge may consider additional factors, including:

(1) the status of the parties;

(2) the parties' relative access to and control over information pertinent to the merits of the case;

(3) the party seeking affirmative relief;

(4) the party seeking to change the status quo; and

(5) whether a party would be required to prove a negative.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.