43 C.F.R. §4.1194 - Burden of proof in suspension or revocation proceedings
| Cite as | 43 C.F.R. §4.1194 |
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3 cases
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Nat'l Mining Ass'n v. Office of Hearings, Case No. 1:04–cv–00128 BJR.
...the SMCRA, 30 U.S.C. 1275(d), provides that the hearing shall be of record and subject to Section 554 of the APA. OHA's regulations at 43 C.F.R. 4.1194 provide that, in such proceedings, OSM has the burden of going forward to establish a prima facie case for suspension or revocation of the ......
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Nat'l MINING Ass'n v. OFFICE of HEARINGS, CASE NO. 1:04-cv-00128 BJR
...of the SMCRA, 30 U.S.C. 1275(d), provides that the hearing shall be of record and subject to Section 554 of the APA. OHA's regulations at 43 CFR 4.1194 provide that, in such proceedings, OSM has the burden of going forward to establish a prima facie case for suspension or revocation of the ......
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MarforK Coal Co. v. Callaghan, 31551.
...to be "at least as stringent as those provided for in the federal act," the parties accept as controlling the burdens set forth in 43 C.F.R. § 4.1194. Canestraro v. Faerber, 179 W.Va. 793, 794, 374 S.E.2d 319, 320 (1988). Under 43 C.F.R. § 4.1194 (2002), the following burdens are In proceed......