1. 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.

2. B. The Board or the presiding hearing officer, as appropriate, shall find against a party with the burden of:

   1. (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. (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.

Authority: State Government Article, §22-306(e), Annotated Code of Maryland

Effective date:

Regulation .01 adopted effective April 1, 2002 (29:6 Md. R. 568)

Regulation .02 adopted effective May 27, 2002 (29:10 Md. R. 826)

Regulation .03 adopted effective April 1, 2002 (29:6 Md. R. 568)

Regulations .01—.03 under State Higher Education Labor Relations Board, Permissible Labor-Related Activities repealed and new Regulations .01—.26 under Public Employee Relations Board, Procedures Applicable to All Proceedings adopted effective May 13, 2024 (51:9 Md. R. 414)