43 C.F.R. § 4.1355 Burden of proof.
Title 43 - Public Lands: Interior
OSM shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion as to the existence of a demonstrated pattern of willful violations of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, its implementing regulations, the regulatory program, or the permit. [67 FR 61511, Oct. 1, 2002]
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart L—Special Rules Applicable to Surface Coal Mining Hearings and Appeals
Request for Hearing on a Preliminary Finding Concerning a Demonstrated Pattern of Willful Violations Under Section
§ 4.1355 Burden of proof.
