Code of Federal Regulations · Section
§ 4.1155 — Burdens Of Proof In Civil Penalty Proceedings
43 C.F.R. § 4.1155
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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.
Authorizing Statute
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Permits30 U.S.C. § 1256
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Departmental regulations5 U.S.C. § 301
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Transferred43 U.S.C. § 1201
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Regulations by President25 U.S.C. § 9