<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".18" citation="COMAR 30.02.06.18" title_num="30" subtitle_num="02" chapter_num="06" heading="Burdens of Going Forward and Persuasion.">
  <paragraph num="A.">
    <text>In any proceeding under this chapter, the EMS Board 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>In a proceeding following notice by the EMS Board that the EMS Board intends to suspend or revoke a certificate or license, the EMS Board bears the burden or persuasion that the certificate or license should be revoked or suspended.</text>
  </paragraph>
  <paragraph num="C.">
    <text>In a proceeding to issue an order for sanctions, the EMS Board bears the burden of persuasion that the order be issued.</text>
  </paragraph>
  <paragraph num="D.">
    <text>In a proceeding following notice that the EMS Board intends to deny licensure or certification or renewal of a license or certificate, the individual has the burden of persuasion that the license or certificate should be issued or renewed.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The EMS Board or the administrative law judge, 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>