SECTION 460:2-9-12. Burden of proof in review of Section 776 or Section


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  • (a)   In review of Section 776 or Section 777 notices of violation or orders of cessation or the modification, vacation, or termination thereof, including expedited review under 460:2-11-1, DOM shall have the burden of going forward to establish a prima facie case as to the validity of the notice, order, or modification, vacation, or termination thereof.
    (b)   The ultimate burden of persuasion shall rest with the applicant for review.