43 C.F.R. § 4.1155
Burdens of proof in civil penalty proceedings
In civil penalty proceedings, OSM shall have the burden of going forward to establish a prima facie case as to the fact of the violation and the amount of the civil penalty and the ultimate burden of persuasion as to the amount of the civil penalty. The person who petitioned for review shall have the ultimate burden of persuasion as to the fact of the violation.
Notes of Decisions
Cited in 3
cases, 1983–2011 · leading case: Maynard C. Graham & Graham Bros. Coal Co. v. Off. of Surface Mining Reclamation & Enf't, 722 F.2d 1106 (3rd Cir. 1983).
Maynard C. Graham & Graham Bros. Coal Co. v. Off. of Surface Mining Reclamation & Enf't, 722 F.2d 1106 (3rd Cir. 1983). “The only fact which was necessary to pass on this ques *1110 tion, whether Graham had actually paid the money into escrow, was undisputed. 4 .This provision is in contrast to that which would apply had Graham paid the penalty before the hearing, in which case the burden of…”
Nat'l Mining Ass'n v. Off. of Hearings & Appeals, 777 F. Supp. 2d 164 (D.D.C. 2011). “When OHA originally adopted the regulation governing burdens of proof in civil penalty proceedings, 43 C.F.R. 4.1155, it allocated the burden of going forward to establish a prima facie case and the burden of persuasion to OSM, with respect to both the fact of violation and the…”
Nat'l Mining Ass'n v. Off. of Hearings & Appeals (D.D.C. 2011). “14 When OHA originally adopted the regulation governing burdens of proof in civil penalty 15 proceedings, 43 CFR 4.1155, it allocated the burden of going forward to establish a prima facie 16 case and the burden of persuasion to OSM, with respect to both the fact of violation…”
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