43 CFR 4.1155

§ 4.1155 Burdens of proof in civil penalty proceedings.

United States · 43 CFR — Public Lands: Interior · Status: effective

Cite this

Citation: 43 CFR 4.1155, § 4.1155 Burdens of proof in civil penalty proceedings, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/209076
Permanent ID: ys:prov:209076@1
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Full text

In civil penalty proceedings, OSM shall have the burden of going forward to establish a prima facie case as to the fact of the violation and the amount of the civil penalty and the ultimate burden of persuasion as to the amount of the civil penalty. The person who petitioned for review shall have the ultimate burden of persuasion as to the fact of the violation.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.