43 CFR 4.1155 - Burdens of proof in civil penalty proceedings

Cite as43 CFR 4.1155
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6 practice notes
  • Surface coal mining hearings and appeals; special rules,
    • United States
    • Federal Register March 20, 2003
    • March 20, 2003
    ...Mining Association (NMA) petitions the Director of the Office of Hearings and Appeals (OHA) for certain amendments and modifications to 43 CFR 4.1155, 4.1171, 4.1194,\1\ 4.1307, and 4.1366(b). Pursuant to 43 CFR 4.1 the Office of Hearings and Appeals is the authorized representative 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
    ...under section 521” when appropriate. When OHA originally adopted the regulation governing burdens of proof in civil penalty proceedings, 43 C.F.R. 4.1155, it allocated the burden of going forward to establish a prima facie case and the burden of persuasion to OSM, with respect to both the f......
  • Graham v. Office of Surface Min. Reclamation and Enforcement, No. 83-5103
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • November 29, 1983
    ...to that which would apply had Graham paid the penalty before the hearing, in which case the burden of persuasion would rest on the OSM. 43 C.F.R. 4.1155 5 If, however, the operator had already contested the order in a previous formal hearing, then he cannot reassert his objection again. 30 ......
  • 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
    ...under section 521" when appropriate. When OHA originally adopted the regulation governing burdens of proof in civil penalty proceedings, 43 CFR 4.1155, it allocated the burden of going forward to establish a prima facie case and the burden of persuasion to OSM, with respect to both the fact......
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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
    ...under section 521” when appropriate. When OHA originally adopted the regulation governing burdens of proof in civil penalty proceedings, 43 C.F.R. 4.1155, it allocated the burden of going forward to establish a prima facie case and the burden of persuasion to OSM, with respect to both the f......
  • Graham v. Office of Surface Min. Reclamation and Enforcement, No. 83-5103
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • November 29, 1983
    ...to that which would apply had Graham paid the penalty before the hearing, in which case the burden of persuasion would rest on the OSM. 43 C.F.R. 4.1155 5 If, however, the operator had already contested the order in a previous formal hearing, then he cannot reassert his objection again. 30 ......
  • 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
    ...under section 521" when appropriate. When OHA originally adopted the regulation governing burdens of proof in civil penalty proceedings, 43 CFR 4.1155, it allocated the burden of going forward to establish a prima facie case and the burden of persuasion to OSM, with respect to both the fact......

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