43 CFR 4.1366 - Burdens of proof

Cite as43 CFR 4.1366
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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
    ...new permit applicant may bear the burden of persuasion that he has complied with all of the permitting requirements, 30 U.S.C. 1260(a); 43 CFR 4.1366(a)(1) (1994); see also Greenwich Collieries at 280, (holding that applicants for statutory benefits bear ultimate burden of proof on entitlem......
  • 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
    ...for approval of * * * permit revision shall be of record and governed by 5 U.S.C. 554 and 43 C.F.R. part 4.” OHA's regulations at 43 C.F.R. 4.1366(b) provide that, in a proceeding to review a permit revision ordered by OSM, OSM has the burden of going forward to establish a prima facie case......
  • 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
    ...for approval of * * * permit revision shall be of record and governed by 5 U.S.C. 554 and 43 CFR part 4." OHA's regulations at 43 CFR 4.1366(b) provide that, in a proceeding to review a permit revision ordered by OSM, OSM has the burden of going forward to establish a prima facie case that ......
  • Hearings and appeals procedures: Surface coal mining; special rules,
    • United States
    • Federal Register November 28, 2003
    • November 28, 2003
    ...for approval of * * * permit revision shall be of record and governed by 5 U.S.C. 554 and 43 CFR part 4.'' OHA's regulations at 43 CFR 4.1366(b) provide that, in a proceeding to review a permit revision ordered by OSM, OSM has the burden of going forward to establish a prima facie case that......
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2 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
    ...for approval of * * * permit revision shall be of record and governed by 5 U.S.C. 554 and 43 C.F.R. part 4.” OHA's regulations at 43 C.F.R. 4.1366(b) provide that, in a proceeding to review a permit revision ordered by OSM, OSM has the burden of going forward to establish a prima facie case......
  • 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
    ...for approval of * * * permit revision shall be of record and governed by 5 U.S.C. 554 and 43 CFR part 4." OHA's regulations at 43 CFR 4.1366(b) provide that, in a proceeding to review a permit revision ordered by OSM, OSM has the burden of going forward to establish a prima facie case that ......

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