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 Office of Surface Mining Written Decisions Concerning Ownership or Control Challenges
  7. 43 CFR § 4.1384
43 CFR § 4.1384
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 decision.

(b) The person filing the request for review shall have the ultimate burden of persuasion by a preponderance of the evidence that the decision is in error.

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§ 4.1383 Hearing
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§ 4.1385 Time for initial decision

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