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§ 406.153
Burden of proof.
(a) Except in the case of an affirmative defense, in a civil penalty adjudication the burden of proof is on the complainant.
(b) Except as otherwise provided by statute or rule, the proponent of a motion, request, or order has the burden of proof.
(c) A party who has asserted an affirmative defense has the burden of proving the affirmative defense.