1 Tex. Admin. Code § 155.427 · Subchapter I. HEARINGS AND PREHEARINGS
Burden of Proof
Text — rules in effect on 10/05/2026 (the portal's queryAsDate on the official listing links), fetched 2026-10-05T11:00:47Z
In determining which party bears the burden of proof, the judge shall first consider the applicable statute, the referring agency's rules, and the referring agency's policy in accordance with §155.419 of this chapter. After considering those sources, the judge may consider additional factors, including:
(1) the status of the parties;
(2) the parties' relative access to and control over information pertinent to the merits of the case;
(3) the party seeking affirmative relief;
(4) the party seeking to change the status quo; and
(5) whether a party would be required to prove a negative.
Notes and commentary — not rule text
Source Note
The provisions of this §155.427 adopted to be effective November 26, 2008, 33 TexReg 9451; amended to be effective January 1, 2017, 41 TexReg 8593.
Source of truth
- Edition
- rules in effect on 10/05/2026 (the portal's queryAsDate on the official listing links), fetched 2026-10-05T11:00:47Z
- Official file
- https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180788&queryAsDate=10%2F05%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US
- Text hash
- sha256 9ad351e5644fb9a8d97c858b4314db6516966f29cc481e4da40e1a0199203c30
- Composed by
- compose_tac.py 2026-10-05: the Secretary of State's rule records; verify_tac.py's independent reading agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.