Md. Code Regs. 13B.04.01.22

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

Section 13B.04.01.22 - Burdens 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) The party requesting a hearing following notice of the Secretary's or Commission's intent to deny or refuse to renew a permit, certification, or license bears the burden of going forward to establish a prima facie case of entitlement to the permit, certification, or license, and the burden of persuasion that the permit, certification, or license should be issued;

(2) In a proceeding following notice by the Secretary or the Commission of an intent to revoke or suspend a permit, certification, or license, the Secretary or the Commission, as appropriate, 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 permit, certification, or license should be revoked or suspended; and

(3) In a proceeding to issue an order or levy sanctions, the Secretary or the Commission, as appropriate, bears the burden of going forward to establish a prima facie case as to existence of grounds for issuance of an order or sanctions, and the burden of persuasion that the order be issued or sanctions be levied.

C. The Secretary or the Commission, as appropriate, shall find against a party with the burden of:

(1) Going forward if that party has not presented sufficient evidence to establish a prima facie case for the party's claim or defense; or

(2) Persuasion if that party has not presented evidence sufficient to establish the correctness of the party's claim or defense by a preponderance of the evidence.

Md. Code Regs. 13B.04.01.22

Regulations .22 adopted effective March 23, 1998 (25:6 Md. R. 490)