43 CFR 4.1384 : 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 Office Of Surface Mining Written Decisions Concerning Ownership Or Control Challenges (§ 4.1380 To § 4.1387) — 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 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.

43 CFR 4.1384