Md. Code Regs. 09.01.02.16

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.01.02.16 - Burden of Proof

A. In the hearing of a contested case involving allegations that the respondent violated a law or regulation, the presenter of evidence for the administrative unit shall bear the burden of proving, by a preponderance of the evidence, that the respondent committed the violations set forth in the charging document.

B. In the hearing of a contested case resulting from the denial, or proposed denial, of a license, certificate, registration, or permit, the applicant shall have the burden of establishing, by a preponderance of the evidence, the applicant's entitlement to the license, certificate, registration, or permit.

C. In a proceeding involving a guaranty fund claim, the claimant shall have the burden of proving, by a preponderance of the evidence, that the claimant is entitled to be compensated from the appropriate guaranty fund.

Md. Code Regs. 09.01.02.16

Regulations .16 adopted effective December 12, 2002 (29:24 Md. R. 1918)