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Code of Federal Regulations (Last Updated: July 5, 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 |
§ 4.1355 - Burden of proof.
Latest version.
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§ 4.1355 Burden of proof.
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.
[67 FR 61511, Oct. 1, 2002]