Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD
Chapter 14.30.08 - Procedures Applicable to All Proceedings
Section 14.30.08.21 - Burdens of Going Forward and Persuasion
Universal Citation: MD Code Reg 14.30.08.21
Current through Register Vol. 51, No. 19, September 20, 2024
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.
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