GroundRules
43 CFR 4.1355: Burden of proof.
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
OSM shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion as to the existence of a demonstrated pattern of willful violations of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, its implementing regulations, the regulatory program, or the permit.
Collected 2026-08-27T02:26:15Z. Source file · JSON