<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".22" citation="COMAR 13B.04.01.22" title_num="13B" subtitle_num="04" chapter_num="01" heading="Burdens 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>The party requesting a hearing following notice of the Secretary's or Commission's intent to deny or refuse to renew a permit, certification, or license bears the burden of going forward to establish a prima facie case of entitlement to the permit, certification, or license, and the burden of persuasion that the permit, certification, or license should be issued;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In a proceeding following notice by the Secretary or the Commission of an intent to revoke or suspend a permit, certification, or license, the Secretary or the Commission, as appropriate, 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 permit, certification, or license should be revoked or suspended; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In a proceeding to issue an order or levy sanctions, the Secretary or the Commission, as appropriate, bears the burden of going forward to establish a prima facie case as to existence of grounds for issuance of an order or sanctions, and the burden of persuasion that the order be issued or sanctions be levied.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Secretary or the Commission, as appropriate, shall find against a party with the burden of:</text>
    <paragraph num="(1)">
      <text>Going forward if that party has not presented sufficient evidence to establish a prima facie case for the party's claim or defense; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>