43 CFR 4.1194 - Burden of proof in suspension or revocation proceedings

Cite as43 CFR 4.1194
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5 practice notes
  • Surface coal mining hearings and appeals; special rules,
    • United States
    • Federal Register March 20, 2003
    • March 20, 2003
    ...been approved. OSM merely bears the burden of going forward with a prima facie case for suspension or revocation of the permit. 43 CFR 4.1194. The allocation of the burden of proof for this regulation must be amended to place both the burden of going forward with a prima facie case and the ......
  • 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)
    • April 15, 2011
    ...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 ......
  • 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)
    • April 15, 2011
    ...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 ......
  • Hearings and appeals procedures: Surface coal mining; special rules,
    • United States
    • Federal Register November 28, 2003
    • November 28, 2003
    ...of the Act, 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 pe......
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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)
    • April 15, 2011
    ...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 ......
  • 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)
    • April 15, 2011
    ...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 ......
  • MarforK Coal Co. v. Callaghan, No. 31551.
    • United States
    • Supreme Court of West Virginia
    • March 15, 2004
    ...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......

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