1. LawStack
  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 - Proceedings for Suspension or Revocation of Permits Under Section 521(a)(4) of the Act
  7. 43 CFR § 4.1194
43 CFR § 4.1194
Burden of proof in suspension or revocation proceedings
June 11, 2020
CFR

In proceedings to suspend or revoke a permit, OSM shall have the burden of going forward to establish a prima facie case for suspension or revocation of the permit. The ultimate burden of persuasion that the permit should not be suspended or revoked shall rest with the permittee.

[43 FR 34386, Aug. 3, 1978. Redesignated at 67 FR 61510, Oct. 1, 2002]

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§ 4.1193 Notice of hearing
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§ 4.1195 Determination by the administrative law judge

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