Md. Code Regs. 26.01.02.28

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.01.02.28 - 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) A party contesting 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 is to be issued;

(2) A party contesting the Department's intent 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 is to be denied;

(3) In a proceeding by the Department 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 is to be revoked or suspended; and

(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 the existence of the grounds for imposition of a civil penalty or issuance of an order and the burden of persuasion that the civil penalty is to be imposed or order issued.

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

D. A hearing examiner 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 that party's claim or defense; or

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

Md. Code Regs. 26.01.02.28

Regulations .28 adopted effective October 16, 1989 (16:20 Md. R. 2183)