Md. Code Regs. 14.30.08.21

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

Section 14.30.08.21 - Burdens of Going Forward and Persuasion

A. In any proceeding under this chapter, the petitioner, moving party, or appellant bears the burden of going forward to establish a prima facie case as to the existence of grounds for its action.

B. The Board or the presiding hearing officer, 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. 14.30.08.21

Regulation .21 adopted effective 51:9 Md. R. 441, eff. 5/13/2024.