West Virginia Code § 60A-5-506

Burden of proof; liability of officers
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(a) It is not necessary for the state to negate any exemption or exception in this act in any
complaint, information, indictment, or other pleading or in any trial, hearing, or other
proceeding under this act. The burden of proof of any exemption or exception is upon the
person claiming it.
(b) In the absence of proof that a person is the duly authorized holder of an appropriate
registration or order form issued under this act, he is presumed not to be the holder of the
registration or form. The burden of proof is upon him to rebut the presumption.
(c) No liability is imposed by this act upon any authorized state, county, or municipal officer,
engaged in the lawful performance of his duties.

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