Code of Federal Regulations · Section

§ 4.1374 — Burdens Of Proof

43 C.F.R. § 4.1374

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(a) OSM shall have the burden of going forward to present a prima facie case of the validity of the notice of proposed suspension or rescission or the notice of suspension or rescission.

(b) The permittee shall have the ultimate burden of persuasion by a preponderance of the evidence that the notice is invalid.

43 C.F.R. § 4.1373 43 C.F.R. § 4.1375

Authorizing Statute

Permits
30 U.S.C. § 1256
Departmental regulations
5 U.S.C. § 301
Transferred
43 U.S.C. § 1201
Regulations by President
25 U.S.C. § 9