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  2. Title 43 - Public Lands: Interior
  3. Subtitle A - Office of the Secretary of the Interior
  4. Part 4 - Department of the Interior Hearings and Appeals Procedures
  5. Subpart L - Specific Rules Applicable to Hearings and Appeals Concerning Surface Coal Mining
  6. Subject Group - 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
August 12, 2025
CFR
Editorial Note on Subpart L of Part 4

Editorial Note:

Nomenclature changes appear at 90 FR 2430-2431, Jan. 10, 2025.

§ 4.1384 Burdens of proof.

(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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