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.
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