<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".21" citation="COMAR 14.30.08.21" title_num="14" subtitle_num="30" chapter_num="08" heading="Burdens of Going Forward and Persuasion.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Board or the presiding hearing officer, 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>