Burdens of proof.

  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 Office of Surface Mining Written Decisions Concerning Ownership or Control Challenges
  8. Burdens of proof.

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§ 4.1384 Burdens of proof.

(a) OSM shall have the burden of going forward to present a prima facie case of the validity of the decision.

(b) The person filing the request for review shall have the ultimate burden of persuasion by a preponderance of the evidence that the decision is in error.


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