43 CFR 4.1171 : 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 Section 521 Notices Of Violation And Orders Of Cessation (§ 4.1160 To § 4.1171) — Burden of proof in review of section 521 notices or orders.

4 Aug 2016

(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.

43 CFR 4.1171