GroundRules
43 CFR 4.1374: Burdens 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
(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.
Collected 2026-08-27T02:26:15Z. Source file · JSON