(a) The agency issuing the order shall have the burden of proof by a preponderance of the evidence.

(b) Parties may be represented by counsel in hearings before the Environmental Division. The Agency of Natural Resources or the Board each may represent itself. A party may conduct cross-examination required for a full and true disclosure of the facts.

(c) An appeal from a decision of the Environmental Division may be taken by the Secretary, the Board, or the respondent to the Supreme Court. The Attorney General also may appeal if the Attorney General has appeared as a party.

(d) An appeal by a respondent or the Attorney General to the Supreme Court shall not stay an order, but shall stay payment of a penalty. A respondent may petition the Supreme Court for a stay of an order. (Added 1989, No. 98, § 1; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 73 (Adj. Sess.), § 3; 2013, No. 11, § 19.)