Md. Code Regs. 10.01.03.16

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

Section 10.01.03.16 - Burden of Going Forward and Persuasion

A. When, by specific statute or regulation, the burden of going forward or the burden of persuasion rests upon a certain party, this regulation does not shift those burdens.

B. Except as provided in §A of this regulation:

(1) A party requesting a hearing following notice of the Department's intent to deny or refuse to renew a permit or license bears the burden of going forward to establish a prima facie case of entitlement to the permit or license and the burden of persuasion that the permit or license should be issued;

(2) A party contesting the Department's tentative decision to issue or renew a permit or license bears the burden of going forward to establish a prima facie case that grounds exist for denying the license or permit and the burden of persuasion that the license or permit should be denied;

(3) In a proceeding following notice by the Department of an intent to revoke or suspend a permit or license, the Department bears the burden of going forward to establish a prima facie case as to the existence of grounds for revocation or suspension and the burden of persuasion that the license or permit should be revoked or suspended;

(4) In a proceeding to impose a civil penalty or to issue an order, the Department bears the burden of going forward to establish a prima facie case as to existence of the grounds for imposition of a civil penalty or issuance of an order and the burden of persuasion that the civil penalty should be imposed or order issued; and

(5) In a proceeding in which a party seeks payment from the Department or contests the recoupment by the Department of an alleged overpayment, the party seeking payment or contesting recoupment has burden of going forward and the burden of persuasion.

C. Except as provided by §§A and B of this regulation, the party asserting the affirmative of an issue before the ALJ has the burden of going forward and the burden of persuasion.

D. A party with the burden of persuasion shall be required to present its case first, unless otherwise agreed by the parties.

Md. Code Regs. 10.01.03.16

Regulations .16 adopted effective February 6, 1989 (16:2 Md. R. 158)
Regulations .16 adopted effective 42:7 Md. R. 567, eff.4/13/2015