43 CFR 4.1374 : 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) — Review Of Osm Decisions Proposing To Suspend Or Rescind Or Suspending Or Rescinding Improvidently Issued Permits (§ 4.1370 To § 4.1377) — Burdens of proof.

4 Aug 2016

(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.

43 CFR 4.1374
[59 FR 54326, Oct. 28, 1994, as amended at 67 FR 61512, Oct. 1, 2002]