43 C.F.R. § 4.1374 Burdens of proof.
Title 43 - Public Lands: Interior
(a) OSM shall have the burden of going forward to present a prima facie case of the validity of the notice of proposed suspension or rescission or the notice of suspension or rescission. (b) The permittee shall have the ultimate burden of persuasion by a preponderance of the evidence that the notice is invalid. [59 FR 54326, Oct. 28, 1994, as amended at 67 FR 61512, 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
Review of OSM Decisions Proposing To Suspend or Rescind or Suspending or Rescinding Improvidently Issued Permits
§ 4.1374 Burdens of proof.
