Rule 590-4-6-.05 - Burden of Proof; Admissibility of Copies of Records(1) The burden of proof in all administrative matters shall be as follows: (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.(e) A person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim.(f) 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.(2) Copies of any documents filed in the Commissioner's office and of any records kept by the Commissioner, whether such copies are photostatic or electronic imaging, or otherwise, certified by the Commissioner, shall be admissible with the same force and effect as the original of such documents or records would have if they were produced.(3) A certificate signed and sealed by the Commissioner 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.Ga. Comp. R. & Regs. R. 590-4-6-.05
O.C.G.A. Secs. 10-5-10, 10-5-16, 10-5-70, 10-5-71, 10-5-73, 10-5-74.
Original Rule entitled "Burden of Proof; Admissibility of Copies of Records" adopted. F. Dec. 21, 2004; eff. Jan. 10, 2005. Repealed: New Rule of same title adopted. F. Nov. 18, 2011; eff. Dec. 8, 2011.