43 CFR 4.1384

§ 4.1384 Burdens of proof.

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

Cite this

Citation: 43 CFR 4.1384, § 4.1384 Burdens of proof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/209182
Permanent ID: ys:prov:209182@1
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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 decision. (b) The person filing the request for review shall have the ultimate burden of persuasion by a preponderance of the evidence that the decision is in error.

Legislative history

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