1(1) The burden of proof, except where otherwise required by statutes, is on the party asserting the affirmative of an issue. The burden is upon the Department when the Department takes action which would reduce or terminate the benefits or payments being received by the recipient. The burden is upon the petitioner if an application for benefits or payments is denied. The party having the burden shall establish his/her position, by a preponderance of evidence, to the satisfaction of the hearing officer.
83(2) When the hearing involves medical issues such as those concerning a diagnosis, an examining physician’s report, or a Medical Review Team’s decision, if the hearing officer considers it necessary, a medical assessment other than that of the person or persons involved in making the original decision shall be obtained at agency expense and made a part of the record.
