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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 43 - Public Lands: Interior |
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Subtitle A - Office of the Secretary of the Interior |
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Part 4 - Department Hearings and Appeals Procedures |
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Subpart L - Special Rules Applicable to Surface Coal Mining Hearings and Appeals |
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Proceedings for Suspension or Revocation of Permits Under Section 521(a)(4) of the Act |
§ 4.1194 - Burden of proof in suspension or revocation proceedings.
Latest version.
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§ 4.1194 Burden of proof in suspension or revocation proceedings.
In proceedings to suspend or revoke a permit, OSM shall have the burden of going forward to establish a prima facie case for suspension or revocation of the permit. The ultimate burden of persuasion that the permit should not be suspended or revoked shall rest with the permittee.
[43 FR 34386, Aug. 3, 1978. Redesignated at 67 FR 61510, Oct. 1, 2002]