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. § 4.1384

Burdens of proof

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(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.

Notes of Decisions
Cited in 2 cases, 2001–2001 · leading case: Nat'l Mining Ass'n v. United States Dep't of the Interior, 251 F.3d 1007 (D.C. Cir. 2001).
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Nat'l Mining Ass'n v. United States Dep't of the Interior, 251 F.3d 1007 (D.C. Cir. 2001). “But the same allocation of burdens of proof is made in 43 C.F.R. § 4.1384 (1999), which governs review of OSM’s decisions regarding the existence and status of ownership and control links in the AVS.”
Natl Mining Assn v. DOI, 251 F.3d 1007 (D.C. Cir. 2001). “But the same allocation of burdens of proof is made in 43 C.F.R. 4.1384 (1999), which governs review of OSM's decisions regarding the existence and status of ownership and control links in the AVS.”
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