<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".16" citation="COMAR 10.01.03.16" title_num="10" subtitle_num="01" chapter_num="03" heading="Burden of Going Forward and Persuasion.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Except as provided in §A of this regulation:</text>
    <paragraph num="(1)">
      <text>A party requesting a hearing following notice of 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 should be issued;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A party contesting the Department’s tentative decision 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 should be denied;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In a proceeding following notice by the Department of an intent 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 should be revoked or suspended;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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 existence of the grounds for imposition of a civil penalty or issuance of an order and the burden of persuasion that the civil penalty should be imposed or order issued; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>In a proceeding in which a party seeks payment from the Department or contests the recoupment by the Department of an alleged overpayment, the party seeking payment or contesting recoupment has burden of going forward and the burden of persuasion.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Except as provided by §§A and B of this regulation, the party asserting the affirmative of an issue before the ALJ has the burden of going forward and the burden of persuasion.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A party with the burden of persuasion shall be required to present its case first, unless otherwise agreed by the parties.</text>
  </paragraph>
</regulation>