43 CFR 4.1307 - Elements; burdens of proof

Cite as43 CFR 4.1307
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4 practice notes
  • Surface coal mining hearings and appeals; special rules,
    • United States
    • Federal Register March 20, 2003
    • 20 d4 Março d4 2003
    ...are both necessary elements to impose the civil penalties called for in Sec. 518(f) of the Act. Therefore, the agency must amend 43 CFR Sec. 4.1307 so that the proponent of the notice or order, the agency, has the ultimate burden of persuasion on all of these critical elements. Request for ......
  • 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 d5 Abril d5 2011
    ...or refusal to comply, “shall be subject to the same civil penalties ... that may be imposed upon a person” under section 518(a). 43 C.F.R. 4.1307(a) allocates to OSM the burden of going forward with evidence to establish a prima facie case that (1) the corporation violated a permit conditio......
  • 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 d5 Abril d5 2011
    ...or refusal to comply, "shall be subject to the same civil penalties . . . that may be imposed upon a person" under section 518(a). 43 CFR 4.1307(a) allocates to OSM the burden of going forward with evidence to establish a prima facie case that (1) the corporation violated a permit condition......
  • Hearings and appeals procedures: Surface coal mining; special rules,
    • United States
    • Federal Register November 28, 2003
    • 28 d5 Novembro d5 2003
    ...or refusal to comply, ``shall be subject to the same civil penalties * * * that may be imposed upon a person'' under section 518(a). 43 CFR 4.1307(a) allocates to OSM the burden of going forward with evidence to establish a prima facie case that (1) the corporation violated a permit conditi......
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)
    • 15 d5 Abril d5 2011
    ...or refusal to comply, “shall be subject to the same civil penalties ... that may be imposed upon a person” under section 518(a). 43 C.F.R. 4.1307(a) allocates to OSM the burden of going forward with evidence to establish a prima facie case that (1) the corporation violated a permit conditio......
  • 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 d5 Abril d5 2011
    ...or refusal to comply, "shall be subject to the same civil penalties . . . that may be imposed upon a person" under section 518(a). 43 CFR 4.1307(a) allocates to OSM the burden of going forward with evidence to establish a prima facie case that (1) the corporation violated a permit condition......

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