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Code of Federal Regulations (Last Updated: April 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 |
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Review of Office of Surface Mining Written Decisions Concerning Ownership or Control Challenges |
§ 4.1384 - Burdens of proof.
Latest version.
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§ 4.1384 Burdens of proof.
(a) OSM shall have the burden of going forward to present a prima facie case of the validity of the decision.
(b) The person filing the request for review shall have the ultimate burden of persuasion by a preponderance of the evidence that the decision is in error.