43 CFR 4.1155 - Burdens of proof in civil penalty proceedings.

Regulations last checked for updates: Nov 22, 2024

Title 43 - Public Lands: Interior last revised: Sep 06, 2024

View all text of Subpart L [§ 4.1100 - § 4.1394]

§ 4.1155 - Burdens of proof in civil penalty proceedings.

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.

[53 FR 47694, Nov. 25, 1988]

authority: 5 U.S.C. 301,503; 25 U.S.C. 9,372,410,2201

source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

cite as: 43 CFR 4.1155