SECTION 375:25-3-21. Burden, standard of proof, order of proof

(a)   Burden of proof. In all proceedings, unless otherwise provided by law, the burden of proof shall be upon the petitioner to make a prima facie case against the respondent. If, upon hearing, the petitioner fails to prove his or her case, the hearing officer may dismiss the case for lack of sufficient evidence.

(b)   Standard of proof. In proceedings involving licensed instructors only, unless otherwise provided by law, petitioner shall be required to prove by clear and convincing evidence the respondent has violated provisions of the Oklahoma Self-Defense Act. In all other proceedings involving license denial, suspension, revocation, or administrative fine, the petitioner shall be required to prove by a preponderance of the evidence that the respondent's license should be denied, suspended or revoked or that the respondent should be administratively fined.

(c)   Order of proof. The order of proof in cases brought by the OSBI as follows:

(1)   Opening statement by the petitioner and respondent

(2)   Presentation of the petitioner's case

(3)   Responsive presentation by the respondent followed by cross-examination

(4)   Rebuttal by the petitioner

(5)   Surrebuttal by the respondent

(6)   Closing arguments by the petitioner and respondent.

[Source: Added at 13 Ok Reg 833, eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff 7-11-96; Amended at 14 Ok Reg 1838, eff 5-27-97; Amended at 16 Ok Reg 3326, eff 7-26-99]