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          20:10:01:15.01.  Burden in contested case proceeding. In any contested case proceeding, the complainant, counterclaimant, applicant, or petitioner has the burden of going forward with presentation of evidence unless otherwise ordered by the commission. The complainant, counterclaimant, applicant, or petitioner has the burden of proof as to factual allegations which form the basis of the complaint, counterclaim, application, or petition. In a complaint proceeding, the respondent has the burden of proof with respect to affirmative defenses.

 

          Source: 2 SDR 56, effective February 2, 1976; transferred from ยง 20:10:14:16, 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 49-1-11(2),(4), 49-34A-4.

          Law Implemented: SDCL 49-1-11(2),(4), 49-34A-61.

 


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