Md. Code Regs. 30.02.06.18

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

Section 30.02.06.18 - Burdens of Going Forward and Persuasion

A. In any proceeding under this chapter, the EMS Board bears the burden of going forward to establish a prima facie case as to the existence of grounds for its action.

B. In a proceeding following notice by the EMS Board that the EMS Board intends to suspend or revoke a certificate or license, the EMS Board bears the burden or persuasion that the certificate or license should be revoked or suspended.

C. In a proceeding to issue an order for sanctions, the EMS Board bears the burden of persuasion that the order be issued.

D. In a proceeding following notice that the EMS Board intends to deny licensure or certification or renewal of a license or certificate, the individual has the burden of persuasion that the license or certificate should be issued or renewed.

E. The EMS Board or the administrative law judge, 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. 30.02.06.18