Section 1.30 - Standard of Review and Burden of Proof(a) Except as provided in § 1.31 of this subchapter (relating to Provisions for Contract Claims), the standard of review is reasonableness.(b) The applicant bears the burden of proof in a case concerning an application for a permit, license, or other approval from the department. The claimant bears the burden of proof concerning a contract claim.(c) In a proceeding concerning an enforcement matter, including the department's imposition of a sanction, penalty, or temporary or permanent cancellation of an existing permit, license, or approval, the department bears the burden of proof to show the person's violations of law or department policy. The person bears the burden of proof to show mitigating factors that show enforcement is not necessary.43 Tex. Admin. Code § 1.30
The provisions of this §1.30 adopted to be effective November 18, 2010, 35 TexReg 10053