(a) Hearing issue.  The issue determined through the hearing process is whether the Department of Human Services (DHS) acted correctly in taking the action, or failed to act, which is the subject of the client's request for hearing. 

(b) Standard of review.  The administrative hearing officer (AHO) determines anew the relevant facts and applies the law to those facts.  Therefore no presumptions are made for or against DHS concerning the validity of the factual or legal basis for the action, or inaction, which is the subject matter of the hearing.

(c) Standard of proof. 

• (1) The standard of proof necessary to prove a fact is governed by state and federal law and regulations which are applicable to the subject matter of the hearing. 
• (2) If such law and regulations are silent, the standard of proof is a preponderance of the evidence.  A preponderance of the evidence is that evidence which, in light of the record as a whole, leads the AHO to believe a fact is more likely true than not true.

(d) Burden of proof.

• (1) The burden of proof is governed by state and federal law and regulations which are applicable to the subject matter of the hearing. 
• (2) If such law and regulations are silent, the party who seeks to alter the status quo has the burden of proof. 
• (3) Examples of the burden of proof are shown in (A) and (B) of this paragraph.
• (A) The burden of proof is on a client to show that:
• (i) the applicant is eligible for Temporary Assistance to Needy Families (TANF), the medical assistance, the food stamps, or other DHS benefit programs, or the amount of benefits the applicant receives;
• (ii) when seeking recertification for benefits, the recipient remains eligible for TANF, the Medical Assistance Program, the Food Stamp Program, or other DHS benefit programs; or
• (iii) an applicant is eligible for services through the Developmental Disabilities Services Division (DDSD).
• (B) The burden of proof is on DHS to show that:
• (i) during a period of certification, the recipient's TANF, medical assistance, food stamps, or other DHS program benefits should be reduced or terminated; or
• (ii) during a DDSD plan of care, services should be reduced or terminated.