(1) In this lawsuit, the burden of proof should be on the health administrative organ. This is because they are the ones who issued the fine and threatened to suspend the restaurant's business, but did not follow proper administrative procedures by issuing an administrative penalty decision and collecting relevant evidence. Therefore, they need to prove that the restaurant actually had unqualified health conditions and that their actions were legal and justified. (2) The act of collecting evidence by the health administrative authority is not legal in this case, as they did not follow proper administrative procedures. The administrative penalty decision should have been issued, and the evidence collected and presented as part of the decision-making process. By simply issuing a fine receipt and not providing an opportunity for the restaurant to dispute the allegations, the health administrative authority did not follow due process and violated the restaurant's rights. (3) The facts that should be proved in this lawsuit include whether the restaurant actually had unqualified health conditions, whether the health administrative authority followed proper administrative procedures in issuing the fine and threatening suspension of business, and whether the restaurant had an opportunity to dispute the allegations and provide evidence before being fined. Additionally, it should be determined whether the health administrative authority had the legal authority to issue the fine and threaten suspension of business without following proper procedures.

A county health administrative authorities in a routine inspection found an individual restaurant hygiene conditions failed immediately fined 500 yuan and limited to its immediate correction otherwise

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