39-9-409. Infraction -- administrative hearing -- procedure -- burden of proof -- order -- appeal. (1) The department shall conduct a case related to a contractor's notice of infraction pursuant to Title 2, chapter 4.
     (2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence. The notice of infraction must be dismissed if the defendant establishes that, at the time the notice was issued, the defendant was registered by the department, was not suspended, or was exempt from registration.
     (3) The hearings officer shall dismiss the notice of infraction at any time upon written notification from the department that the contractor named in the notice of infraction was registered, was not suspended, or was exempt from registration at the time the notice of infraction was issued.
     (4) After consideration of the evidence and argument, the hearings officer shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice must be entered in the record of the proceedings. If it has been established that the infraction was committed, the hearings officer shall issue findings of fact and conclusions of law in the decision and order determining whether the infraction was committed.
     (5) An appeal from the hearings officer's determination or order must be to the district court.

     History: En. Sec. 23, Ch. 500, L. 1995.