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 - Request for Review of OSM Determinations of Issues Under 30 CFR Part 761 (Federal Program; Federal Lands Program; Federal Program for Indian Lands)
  7. 43 CFR § 4.1394
43 CFR § 4.1394
Burden of proof
June 11, 2020
CFR

(a) If the person who requested the determination is seeking review, OSM shall have the burden of going forward to establish a prima facie case and the person who requested the determination shall have the ultimate burden of persuasion.

(b) If any other person is seeking review, that person shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion that the person who requested the determination does or does not have valid existing rights.

[67 FR 61512, Oct. 1, 2002]

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§ 4.1393 Status of decision pending administrative review

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