GroundRules
43 CFR 4.1155: Burdens of proof in civil penalty proceedings.
Where this section sits in the code
- Title 43—Public Lands: Interior
- Subtitle A—Office of the Secretary of the Interior
- PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES
- Subpart L—Specific Rules Applicable to Hearings and Appeals Concerning Surface Coal Mining
In civil penalty proceedings, OSM shall have the burden of going forward to establish a prima facie case as to the fact of the violation and the amount of the civil penalty and the ultimate burden of persuasion as to the amount of the civil penalty. The person who petitioned for review shall have the ultimate burden of persuasion as to the fact of the violation.
Collected 2026-08-27T02:26:15Z. Source file · JSON