Md. Code Regs. 16.02.04.14

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

Section 16.02.04.14 - Burdens of Going Forward and Persuasion

A. Scope. This regulation does not modify any burden of going forward or burden of persuasion that is imposed on a party by specific statute or regulation.

B. Burdens for Permits, Licenses, and Certifications.

(1) A party requesting a hearing following notice of the Department's intent to deny or refuse to renew a permit, license, or certification bears:

(a) The burden of going forward to establish a prima facie case of entitlement to the permit or license; and

(b) The burden of persuasion that the permit or license should be issued.

(2) A party contesting the Department's proposed decision to issue or renew a permit, license, or certification bears:

(a) The burden of going forward to establish a prima facie case that grounds exist for denying the license or permit; and

(b) 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, license, or certification, the Department bears:

(a) The burden of going forward to establish a prima facie case as to the existence of grounds for revocation or suspension; and

(b) The burden of persuasion that the permit, license, or certification should be revoked or suspended.

C. Burdens Established-Departmental Order. In a proceeding contesting an order or proposed order of the Department, the Department bears:

(1) The burden of going forward to establish a prima facie case as to existence of grounds for issuance of the order; and

(2) The burden of persuasion that the order be issued.

D. Burdens Established-Party Asserting Affirmative of Issue. Except as otherwise specified in this regulation, the party asserting the affirmative of an issue before the Secretary bears both the burden of going forward and the burden of persuasion.

E. Secretary's Decision.

(1) The Secretary shall find against a party with the burden of going forward if that party has not presented sufficient evidence to establish a prima facie case for the party's claim or defense.

(2) The Secretary shall find against a party with the burden of 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. 16.02.04.14