Burden of Going Forward and Ultimate Burden of Persuasion

Burden of Going Forward and Ultimate Burden of Persuasion. In any administrative appeal covered by this Chapter, the Department or the ABC Division shall have the burden of going forward to present a prima facie case of the validity of the action taken. The appellant shall have the ultimate burden of persuasion to prove that the action taken by the Department or the ABC Division was: A. Arbitrary or capricious; B. Not supported by any substantial evidence; C. Beyond the power of the Department or the ABC Division to make; or D. In violation of some statutory or constitutional right of the appellant.