43 C.F.R. § 4.1155 Burdens of proof in civil penalty proceedings.
Title 43 - Public Lands: Interior
In civil penalty proceedings, OSM shall have the burden of going forward to establish a prima facie case as to the fact of the violation and the amount of the civil penalty and the ultimate burden of persuasion as to the amount of the civil penalty. The person who petitioned for review shall have the ultimate burden of persuasion as to the fact of the violation. [53 FR 47694, Nov. 25, 1988]
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart L—Special Rules Applicable to Surface Coal Mining Hearings and Appeals
Petitions for Review of Proposed Assessments of Civil Penalties
§ 4.1155 Burdens of proof in civil penalty proceedings.
