Ill. Admin. Code tit. 38, § 100.200 - Burden of Proof
a) The burden
of proof rests with the Department in all cases except as provided in
subsection (b) or as otherwise provided by law.
b) The burden of proof rests with the
Petitioner in the following circumstances, unless otherwise provided by law:
1) When an Applicant, if permitted to do so
under the Applicable Act, files a Petition for Hearing after they have been
denied a license, charter, certificate, permit, or similar permission pursuant
to an Applicable Act;
2) When a
third-party person or entity that is not the subject of an Administrative
Decision of the Secretary or Director, if permitted to do so under the
Applicable Act, files a Petition for Hearing related to such Administrative
Decision.
Notes
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