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  2. Title 43 - Public Lands: Interior
  3. Subtitle A - OFFICE OF THE SECRETARY OF THE INTERIOR
  4. Part 4 - DEPARTMENT HEARINGS AND APPEALS PROCEDURES
  5. Subpart L - Special Rules Applicable to Surface Coal Mining Hearings and Appeals
  6. Topic - Petitions for Review of Proposed Assessments of Civil Penalties
  7. 43 CFR § 4.1155
43 CFR § 4.1155
Burdens of proof in civil penalty proceedings
June 11, 2020
CFR

In civil penalty proceedings, OSM shall have the burden of going forward to establish a prima facie case as to the fact of the violation and the amount of the civil penalty and the ultimate burden of persuasion as to the amount of the civil penalty. The person who petitioned for review shall have the ultimate burden of persuasion as to the fact of the violation.

[53 FR 47694, Nov. 25, 1988]

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§ 4.1154 Review of waiver determination
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§ 4.1156 Summary disposition

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