38.5.3203    BURDEN IN PROCEEDINGS

(1) An applicant for designation as an eligible telecommunications carrier has the burden of demonstrating in fact and law that the requirements for designation as an eligible telecommunications carrier have been met.  An eligible telecommunications carrier, in any annual or other process involving certification as an eligible telecommunications carrier or maintenance of status as an eligible telecommunications carrier, has the burden of demonstrating in fact and law that the requirements for certification or maintenance of status have been met.

(2) Applicants in designation proceedings shall include, with the application for designation, prefiled testimony and supporting analysis establishing a prima facie case for designation.

History: 69-3-822, MCA; IMP, 69-3-103 and 69-3-840, MCA; NEW, 2005 MAR p. 653, Eff. 4/29/05.