Generally, the party seeking affirmative relief shall have the burden of proof. An examiner may reassign the burden of proof and shall serve copies of the decision on all parties. In reassigning the burden of proof, the examiner may consider:
  (1) the classification of the parties;
  (2) the parties' access to information pertinent to the merits of the case;
  (3) the party seeking affirmative relief;
  (4) the party seeking to change the status quo;
  (5) whether a party would be required to prove a negative; and
  (6) the nature of the relief that is requested.

Source Note: The provisions of this §1.110 adopted to be effective August 21, 2017, 42 TexReg 4131