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43 CFR 4.1194 : Public Lands: Interior (§ 1.1 To Parts 10011-10099) — (§ 1.1 To Parts 432-999) — Office Of The Secretary Of The Interior (§ 1.1 To Parts 49-199) — Department Hearings And Appeals Procedures (§ 4.1 To § 4.1610) — Special Rules Applicable To Surface Coal Mining Hearings And Appeals (§ 4.1100 To § 4.1394) — Proceedings For Suspension Or Revocation Of Permits Under Section 521(A)(4) Of The Act (§ 4.1190 To § 4.1197) — Burden of proof in suspension or revocation proceedings.

4 Aug 2016

In proceedings to suspend or revoke a permit, OSM shall have the burden of going forward to establish a prima facie case for suspension or revocation of the permit. The ultimate burden of persuasion that the permit should not be suspended or revoked shall rest with the permittee.

43 CFR 4.1194
[43 FR 34386, Aug. 3, 1978. Redesignated at 67 FR 61510, Oct. 1, 2002]