The burden of proof in a fair hearing regarding a specific issue is proof by a preponderance of the evidence. The party that bears the burden of proof meets the burden if the stronger evidence, on the whole, favors that party, as determined by the hearings officer. Depending on the type of hearing, the following apply:
  (1) The agency or its designee bears the burden of proof.
  (2) The nursing facility bears the burden of proof in transfer and discharge hearings.

Source Note: The provisions of this §357.9 adopted to be effective June 29, 2009, 34 TexReg 4292