43 C.F.R. § 4.1394 Burden of proof.
Title 43 - Public Lands: Interior
(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]
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 Review of OSM Determinations of Issues Under 30 CFR Part 761 (Federal Program; Federal Lands Program; Federal Program for Indian Lands)
§ 4.1394 Burden of proof.
