340:2-5-100. Standard of review and burden of proof
(a) Standard of review. The administrative hearing officer (AHO) determines whether the Department of Human Services (DHS) action is supported by substantial evidence and not contrary to the applicable law.
(b) Burden of proof. The party who seeks to alter the status quo has the burden of proof.
- (1) The burden of proof is on a resource family to show that adoption assistance or foster care payments should be granted or increased.
- (2) The burden of proof is on DHS to show that:
- (A) a foster care home should be closed;
- (B) a foster child should not be returned to the foster home after the conclusion of an investigation; or
- (C) there has been an overpayment of adoption assistance or foster care payments.