Ohio Administrative Code|Rule 3746-7-08 | Burden of proceedings.

                                                
(A) The burden of proceeding shall rest
		  with the party asserting the affirmative of any issue, except where the
		  commission orders another party to bear the burden of proceeding because the
		  commission determines that party possesses or should possess knowledge of facts
		  relevant to the issue not available to the party asserting the
		  affirmative.
(B) The director or statutory agency
		  shall have the burden of proceeding in the following cases, unless otherwise
		  ordered by the commission:
(1) Where it has revoked
			 a license or permit;
(2) Where it orders a
			 party to take affirmative action to abate air or water pollution, or any other
			 condition or nuisance; or
(3) Where it seeks to
			 engage in activities that are objected to as environmentally
			 harmful.
(C) A private party appealing a final
		  action shall have the burden of proceeding in the following cases, unless
		  otherwise ordered by the commission:
(1) Where there is a
			 refusal to grant, issue, or reissue any license or permit, or to approve or
			 disapprove any plans, standards, regulations, specifications, or
			 actions;
(2) Where there is a
			 refusal to grant a variance from any regulation, or the granting of any
			 conditional, temporary, or supplementary permit, dealing with air or water
			 quality standards or other situations in which variances of such special
			 permits are possible;
(3) Where a party who is
			 not the applicant or holder of a license or permit from the director or
			 statutory agency protests its issuance or continuation; or
(4) Where a party appeals
			 or objects to the settlement of a matter between the director or statutory
			 agency and a private party.
(D) The commission may take official
		  notice that a given activity normally causes or creates a substantial
		  possibility of environmental damage, and the burden of rebutting such
		  presumption shall be upon the party seeking to show otherwise.