43 C.F.R. § 4.1171
Burden of proof in review of section 521 notices or orders
(a) In review of section 521 notices of violation or orders of cessation or the modification, vacation, or termination thereof, including expedited review under § 4.1180, OSM shall have the burden of going forward to establish a prima facie case as to the validity of the notice, order, or modification, vacation, or termination thereof.
(b) The ultimate burden of persuasion shall rest with the applicant for review.
Notes of Decisions
Cited in 3
cases, 1993–2011 · leading case: Nat'l Mining Ass'n v. Off. of Hearings & Appeals, 777 F. Supp. 2d 164 (D.D.C. 2011).
Nat'l Mining Ass'n v. Off. of Hearings & Appeals, 777 F. Supp. 2d 164 (D.D.C. 2011). “” OHA’s implementing regulation for proceedings to review notices of violation or cessation orders, 43 C.F.R. 4.1171, provides that although OSM has the “burden of going forward to establish a prima facie case as to the validity” of the notice or order or its modification,…”
Hidden Valley Coal Co. v. Utah Bd. of Oil, Gas & Mining, 866 P.2d 564 (Utah Ct. App. 1993). “See 43 C.F.R. § 4.1171 (a). Based on this model, we likewise conclude that the Division bears the initial burden of establishing a prima facie showing of a violation under UCMRA.”
Nat'l Mining Ass'n v. Off. of Hearings & Appeals (D.D.C. 2011). “24 OHA’s implementing regulation for proceedings to review notices of violation or 25 cessation orders, 43 CFR 4.1171, provides that although OSM has the “burden of going forward ORDER-3 to establish a prima facie case as to the validity” of the notice or order or its…”
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