# Regulation .04 Burden of Proof and Order of Proof.

Current through 2026-01-20. Source: COBRA Register Volume 04, Issue 02. Published by the Baltimore City Department of Legislative Reference.

## Regulation .04 Burden of Proof and Order of Proof.

Balt., Md., COBRA § 07.02.01.04 (2026)

A. The Commissioner or the Commissioner’s designee may revoke a license upon a finding by a preponderance of the evidence that:

  (1) the Owner or lessee of a multi-family dwelling or rooming house has failed to comply with a lawful notice to correct a violation that affects the health, safety, morals, or general welfare of the occupants or general welfare;

  (2) the Owner, lessee, or agent of a multi-family dwelling or rooming house has allowed the property to be used for:

    (a) prostitution;

    (b) drug activity; or

    (c) any other activity that creates or constitutes a nuisance; or

  (3) the owner or lessee should have known that the premises were being used for prostitution, drug activity or any other activity that creates or constitutes a nuisance and failed to prevent it.

B. The order of proof shall be as follows:

  (1) First, all parties present will be introduced and identified.

  (2) Second, the Commissioner’s designated attorney will make a brief statement about the purpose of the hearing.

  (3) Third, the Commissioner’s designated attorney will present testimony and evidence that shows:

    (a) the Owner or lessee of a multi-family dwelling or rooming house has failed to comply with a lawful notice to correct a violation that affects the health, safety, morals, or general welfare of the occupants or general welfare;

    (b) the Owner, lessee, or agent of a multi-family dwelling or rooming house has allowed the property to be used for:

      (i) prostitution;

      (ii) drug activity; or

      (iii) any other activity that creates or constitutes a nuisance; or

    (c) the owner or lessee should have known that these premises were being used for prostitution, drug activity, or any other activity that creates or constitutes a nuisance and failed to prevent it.

  (4) Fourth, cross-examination of the witnesses at the conclusion of each direct examination by the Respondent.

  (5) Fifth, re-direct by the Commissioner’s designated attorney.

  (6) Sixth, testimony and presentation of evidence may be presented by the Respondent(s).

  (7) Seventh, cross-examination of the Respondent(s) and their witness at the conclusion of each direct examination by the Commissioner’s designated attorney.

  (8) Eighth, re-direct examination by the Respondent(s).

  (9) Ninth, the presentation of closing statements, which shall not exceed ten minutes.