N.Y. Comp. Codes R. & Regs. tit. 20 § 2394.8

Current through Register Vol. 46, No. 36, September 4, 2024

Section 2394.8 - Burden of proof

(a) In a hearing pursuant to this Part involving the issue of whether the issuance of a warrant is reasonable under the circumstances, the burden of proof in respect to such issue shall be upon the department.

(b) In a hearing pursuant to this Part involving the issue of whether the amount so warranted is appropriate under the circumstances, the department shall provide a written statement which contains any information with respect to which the determination of the amount of the warrant was based, but the burden of proof in respect to the issue of the appropriateness of such amount shall be upon the applicant.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 2394.8