; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (C) Review The State shall establish a mechanism for review of a determination made by the Office under subparagraph (B), under which a complainant may appeal the determination to the general division of the trial court of the State if the challenged occupational regulation would substantially burden the complainant’s ability to— (i) engage in a lawful occupation; or (ii) employ or contract other individuals for the performance of a lawful occupation; and (4) Right to raise defense (A) In general The State shall authorize an individual to assert as a defense, in any administrative or judicial proceeding to enforce an occupational regulation, that the regulation does not comply with the policy adopted under subsection (b). (B) Procedures In a proceeding described in subparagraph (A)— (i) an individual who asserts a defense under this paragraph has the initial burden of proof that the occupational regulation being enforced substantially burdens the individual’s ability to engage in a lawful occupation; (ii) if an individual meets the burden of proof under clause (i), the State shall be required to demonstrate by clear and convincing evidence that the occupational regulation— (I) advances an important government interest in protecting against real, substantial threats to public health, safety, or welfare; and (II) is substantially related to achievement of the important government interest described in subclause (I), in light of the availability of less restrictive alternatives to occupational licensing; and (iii) in reviewing an alleged violation of the policy adopted under subsection (b), an administrative agency or a court— (I) shall make its own findings of fact and conclusions of law; (II) may not rely on a legislative finding of fact presented in admissible form to the agency or court