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 - Review of OSM Decisions Proposing To Suspend or Rescind or Suspending or Rescinding Improvidently Issued Permits
  7. 43 CFR § 4.1374
43 CFR § 4.1374
Burdens of proof
June 11, 2020
CFR

(a) OSM shall have the burden of going forward to present a prima facie case of the validity of the notice of proposed suspension or rescission or the notice of suspension or rescission.

(b) The permittee shall have the ultimate burden of persuasion by a preponderance of the evidence that the notice is invalid.

[59 FR 54326, Oct. 28, 1994, as amended at 67 FR 61512, Oct. 1, 2002]

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§ 4.1373 Hearing
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§ 4.1375 Time for initial decision

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