Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 45.56.540 - Evidentiary burden(a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim.(b) In a criminal proceeding under this chapter, an exemption, exception, preemption, or exclusion claimed by the defendant is an affirmative defense. In this subsection, "affirmative defense" has the meaning given in AS 11.81.900.Added by SLA 2018, ch. 65,sec. 25, eff. 1/1/2019.