C.F.R. » Title 43 » PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES › Subpart L—Specific Rules Applicable to Hearings and Appeals Concerning Surface Coal Mining

43 C.F.R. § 4.1194

Burden of proof in suspension or revocation proceedings

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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]
Notes of Decisions
Cited in 3 cases, 2004–2011 · leading case: Marfork Coal Co. v. Callaghan, 601 S.E.2d 55 (W. Va. 2004).
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Marfork Coal Co. v. Callaghan, 601 S.E.2d 55 (W. Va. 2004). · cites it 3× “Based on the fact that West Virginia’s surface mining laws are required to be “at least as stringent as those provided for in the federal act,” the parties aecépt as controlling the burdens set forth in 43 C.”
Nat'l Mining Ass'n v. Off. of Hearings & Appeals, 777 F. Supp. 2d 164 (D.D.C. 2011). “OHA’s regulations at 43 C.F.R. 4.1194 provide that, in such proceedings, OSM has the burden of going forward to establish a prima facie case for suspension or revocation of the permit, but the ultimate burden of persuasion that the permit should not be suspended or revoked rests…”
Nat'l Mining Ass'n v. Off. of Hearings & Appeals (D.D.C. 2011). “8 OHA's regulations at 43 CFR 4.1194 provide that, in such proceedings, OSM has the 9 burden of going forward to establish a prima facie case for suspension or revocation of the 10 permit, but the ultimate burden of persuasion that the permit should not be suspended or revoked…”
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