Kinzenbaw v. Director of Revenue

STEPHEN N. LIMBAUGH, JR.,

Chief Justice, concurring.

I agree that the case should be reversed and remanded for a new hearing, but I write separately to express my partial disagreement with the majority’s rationale. My concern is that the majority has misallocated to the Director of Revenue the “burden of producing evidence” that Kinzenbaw is not qualified for a driver’s license and improperly requires the Director to introduce the administrative record to meet that burden. In my view, this case should be resolved simply by holding that the only party with any burden of proof, whether couched as…