43 CFR 4.1374

§ 4.1374 Burdens of proof.

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

Cite this

Citation: 43 CFR 4.1374, § 4.1374 Burdens of proof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/209174
Permanent ID: ys:prov:209174@1
SHA-256: a0322816144ca8277f7fd4758d7ae21191b8b5c3fa8e12bff5b541193d85ce35

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Full text

(a) OSM shall have the burden of going forward to present a prima facie case of the validity of the notice of proposed suspension or rescission or the notice of suspension or rescission. (b) The permittee shall have the ultimate burden of persuasion by a preponderance of the evidence that the notice is invalid.

Legislative history

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