Indiana Code 4-21.5-3-14. Record; hearing on motion; burden of proof; standard of review
Terms Used In Indiana Code 4-21.5-3-14
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) At each stage of the proceeding, the agency or other person requesting that an agency take action or asserting an affirmative defense specified by law has the burden of persuasion and the burden of going forward with the proof of the request or affirmative defense. Before the hearing on which the party intends to assert it, a party shall, to the extent possible, disclose any affirmative defense specified by law on which the party intends to rely. If a prehearing conference is held in the proceeding, a party notified of the conference shall disclose the party’s affirmative defense in the conference.
(d) The proceedings before an administrative law judge are de novo.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.9; P.L.32-2011, SEC.4.