Text
Title 43: Public Lands: Interior
Subtitle A: Office of the Secretary of the Interior
PART 4: DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart L: Special Rules Applicable to Surface Coal Mining Hearings and Appeals
: Request for Hearing on A Preliminary Finding Concerning A Demonstrated Pattern of Willful Violations Under Section 510(c) of the Act, 30 U.s.c. 1260(c) (federal Program; Federal Lands Program; Federal Program for Indian Lands)
4.1355 - Burden of proof.
OSM shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion as to the existence of a demonstrated pattern of willful violations of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, its implementing regulations, the regulatory program, or the permit.
[67 FR 61511, Oct. 1, 2002]
Sponsored links
