SECTION 460:2-25-7. Burden of proof

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(a) If a permit applicant is seeking review of the approval or disapproval of a permit, the Department shall have the burden of going forward to establish a prima facie case as to the failure to comply with the applicable requirements of the act or the regulations, and the permit applicant shall have the ultimate burden of persuasion as to entitlement to the permit.
(b) If any other person is seeking review, that person shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion that the permit application fails in some manner to comply with the applicable requirements of the act or the regulations.

                    
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