The decision of the review official shall be based on a preponderance of the evidence. The burden of proof shall be on the department to show by a preponderance of the evidence that the action being appealed was taken or proposed in accordance with the program's regulations, rules, policy guidance, and directives.

Source Note: The provisions of this §26.207 adopted to be effective November 27, 2022, 47 TexReg 7660