Burden of proof in review of section 521 notices or orders.

  1. Law
  2. CFR 43
  3. Public Lands: Interior
  4. Office of the Secretary of the Interior
  5. Department Hearings and Appeals Procedures
  6. Special Rules Applicable to Surface Coal Mining Hearings and Appeals
  7. Review of Section 521 Notices of Violation and Orders of Cessation
  8. Burden of proof in review of section 521 notices or orders.

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§ 4.1171 Burden of proof in review of section 521 notices or orders.

(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.


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