43 CFR 4.1171 - Burden of proof in review of section 521 notices or orders

Cite as43 CFR 4.1171
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5 practice notes
  • Surface coal mining hearings and appeals; special rules,
    • United States
    • Federal Register March 20, 2003
    • 20 Marzo 2003
    ...These early comments objected to inconsistencies between the burden of proof allocation in Sec. 7(c) of the APA, 5 U.S.C. 556(d), and 43 CFR 4.1171 and 4.1194 which assign the ultimate burden of persuasion to the applicant seeking review of enforcement actions. OHA, however, refused to plac......
  • Nat'l Mining Ass'n v. Office of Hearings, Case No. 1:04–cv–00128 BJR.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 15 Abril 2011
    ...shall be subject to the APA § 554.” OHA's implementing regulation for proceedings to review notices of violation or cessation orders, 43 C.F.R. 4.1171, provides that although OSM has the “burden of going forward to establish a prima facie case as to the validity” of the notice or order or i......
  • Nat'l MINING Ass'n v. OFFICE of HEARINGS, CASE NO. 1:04-cv-00128 BJR
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 15 Abril 2011
    ...and shall be subject to the APA §554. OHA's implementing regulation for proceedings to review notices of violation or cessation orders, 43 CFR 4.1171, provides that although OSM has the "burden of going forward Page 4to establish a prima facie case as to the validity" of the notice or order......
  • Hearings and appeals procedures: Surface coal mining; special rules,
    • United States
    • Federal Register November 28, 2003
    • 28 Noviembre 2003
    ...(1) Proceedings to review notices of violation or cessation orders issued under section 521 of the Act (the applicable existing rule is 43 CFR 4.1171); (2) civil penalty proceedings (Sec. 4.1155); (3) individual civil penalty proceedings (Sec. 4.1307); (4) permit suspension or revocation pr......
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3 cases
  • Nat'l Mining Ass'n v. Office of Hearings, Case No. 1:04–cv–00128 BJR.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 15 Abril 2011
    ...shall be subject to the APA § 554.” OHA's implementing regulation for proceedings to review notices of violation or cessation orders, 43 C.F.R. 4.1171, provides that although OSM has the “burden of going forward to establish a prima facie case as to the validity” of the notice or order or i......
  • Nat'l MINING Ass'n v. OFFICE of HEARINGS, CASE NO. 1:04-cv-00128 BJR
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 15 Abril 2011
    ...and shall be subject to the APA §554. OHA's implementing regulation for proceedings to review notices of violation or cessation orders, 43 CFR 4.1171, provides that although OSM has the "burden of going forward Page 4to establish a prima facie case as to the validity" of the notice or order......
  • Hidden Valley Coal Co. v. Utah Bd. of Oil, Gas & Min., No. 930073-CA
    • United States
    • Court of Appeals of Utah
    • 1 Diciembre 1993
    ...Under SMCRA, the Office of the Secretary of the Interior carries the burden of establishing a prima facie showing of a violation. See 43 C.F.R. § 4.1171(a). Based on this model, we likewise conclude that the Division bears the initial burden of establishing a prima facie showing of a violat......

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