43 C.F.R. § 4.1171 Burden of proof in review of section 521 notices or orders.
Title 43 - Public Lands: Interior
(a) In review of section 521 notices of violation or orders of cessation or the modification, vacation, or termination thereof, including expedited review under §4.1180, OSM shall have the burden of going forward to establish a prima facie case as to the validity of the notice, order, or modification, vacation, or termination thereof. (b) The ultimate burden of persuasion shall rest with the applicant for review.
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart L—Special Rules Applicable to Surface Coal Mining Hearings and Appeals
Review of Section 521 Notices of Violation and Orders of Cessation
§ 4.1171 Burden of proof in review of section 521 notices or orders.
