Section R35-1-3 - Burden of Proof(1)(a) In cases where the appeal concerns whether the governmental entity possesses or maintains the requested records, the governmental entity must show by a preponderance of the evidence that its search for the requested records was reasonable.(b) Upon the governmental entity establishing by a preponderance of the evidence that its search was reasonable, the burden of proof shifts to the petitioner who must show by a preponderance of the evidence that the search efforts were not reasonable.(2) In hearings concerning whether a person is a vexatious requester, the Committee shall examine the totality of the circumstances in determining that the person is a vexatious requester as outlined in Subsection 63G-2-209(9).Amended by Utah State Bulletin Number 2014-19, effective 9/9/2014Amended by Utah State Bulletin Number 2015-16, effective 7/31/2015Amended by Utah State Bulletin Number 2020-16, effective 8/7/2020Amended by Utah State Bulletin Number 2021-18, effective 9/8/2021Amended by Utah State Bulletin Number 2021-19, effective 9/8/2021Amended by Utah State Bulletin Number 2023-20, effective 10/11/2023Amended by Utah State Bulletin Number 2024-03, effective 1/29/2024Amended by Utah State Bulletin Number 2024-12, effective 6/18/2024