# COMAR Title 14 — Independent Agencies

## Subtitle 30 — Public Employee Relations Board

### Chapter 08 — Procedures Applicable to All Proceedings

#### Regulation .21 Burdens of Going Forward and Persuasion.

*COMAR 14.30.08.21*

A. In any proceeding under this chapter, the petitioner, moving party, or appellant bears the burden of going forward to establish a prima facie case as to the existence of grounds for its action.

B. The Board or the presiding hearing officer, 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.