Proof that any of the penal statutes of the state which any such officer is enjoined by law to enforce, have been openly and notoriously violated within the jurisdiction of such officer shall be prima facie evidence of willful official misconduct on the part of such officer and unless controverted shall be sufficient ground for suspension or removal under the terms of this act. Provided, nothing in this act shall relieve the state of the burden of proving the allegations against the accused by a preponderance of the evidence.
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