12/3/19
BURDEN OF PROOF In all actions the Gaming Commission Department Director/Agent shall bear the burden of proving by a preponderance of the evidence that the Gaming Ordinance, Tribal MICS, or other applicable law or regulation that authorizes the action or proposed action/penalty. At no time does the burden of proof shift to the receiver of the penalty, but if a receiver of a penalty fails to produce evidence once the Gaming Commission Department Director/Agent has shown that the action or proposed action/penalty is authorized, the Commission may but is not required to decide that the action or proposed action/penalty is authorized by the Gaming Control Ordinance, Tribal MICS, or other applicable law or regulation.
The Commission shall have sole discretion to determine whether a party has met its burden.
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FINAL DECISION
• The Commission MUST issue its decision within XXX calendar days of the hearing or issuance of the hearing Report.
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