What is the standard of proof at the contested case hearing, and who carries the burden?
– At all times during the proceeding, the Petitioner has the burden of proof to establish by clear and convincing evidence, any of the following: • Petitioner should have been awarded a license. • Petitioner’s license should have been renewed. • Petitioner’s transfer of ownership should have been approved. • Petitioner should not have been placed on the exclusion list. • Petitioner should have been granted approval. What is the timetable for the hearing officer to issue findings of fact, conclusions of law, and recommendations? – The hearing officer will issue written findings of fact, conclusions of law, and recommendations within 90 days after either the hearing has concluded or the parties have filed post-hearing briefs or proposed findings of fact. The parties may file objections within 60 days after the findings of fact, conclusions of law, and recommendations are issued. The MGCB will affirm the findings of fact, conclusions of law, and recommendations issued by the hearing offic
