Code of Federal Regulations · Section

§ 4.1384 — Burdens Of Proof

43 C.F.R. § 4.1384

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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.

43 C.F.R. § 4.1383 43 C.F.R. § 4.1385

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