---
kind: "range"
citation: "30 C.F.R. §§ 773.25–773.27"
title: "30"
from: "773.25"
to: "773.27"
count: 3
url: "https://uscodex.org/cfr/30/773.25..773.27"
---

# §773.25. Who may challenge ownership or control listings and findings.


You may challenge a listing or finding of ownership or control using the provisions under §§ [773.26](/cfr/30/773.26.md) and [773.27](/cfr/30/773.27.md) of this part if you are—

- (a) Listed in a permit application or AVS as an owner or controller of an entire surface coal mining operation, or any portion or aspect thereof:
- (b) Found to be an owner or controller of an entire surface coal mining operation, or any portion or aspect thereof, under §§ [773.21](/cfr/30/773.21.md) or [774.11(g)](/cfr/30/774.11.md?p=g) of this subchapter; or
- (c) **An applicant or permittee affected by an ownership or control listing or finding.**

# §773.26. How to challenge an ownership or control listing or finding.


This section applies to you if you challenge an ownership or control listing or finding.

- (a) To challenge an ownership or control listing or finding, you must submit a written explanation of the basis for the challenge, along with any evidence or explanatory materials you wish to provide under [§ 773.27(b)](/cfr/30/773.27.md?p=b) of this part, to the regulatory authority, as identified in the following table.
- (b) The provisions of this section and of §§ [773.27](/cfr/30/773.27.md) and [773.28](/cfr/30/773.28.md) of this part apply only to challenges to ownership or control listings or findings. You may not use these provisions to challenge your liability or responsibility under any other provision of the Act or its implementing regulations.
- (c) When the challenge concerns a violation under the jurisdiction of a different regulatory authority, the regulatory authority with jurisdiction over the permit application or permit must consult the regulatory authority with jurisdiction over the violation and the AVS Office to obtain additional information.
- (d) A regulatory authority responsible for deciding a challenge under [paragraph (a)](#a) of this section may request an investigation by the AVS Office.
- (e) At any time, you, a person listed in AVS as an owner or controller of a surface coal mining operation, may request an informal explanation from the AVS Office as to the reason you are shown in AVS in an ownership or control capacity. Within 14 days of your request, the AVS Office will provide a response describing why you are listed in AVS.

# §773.27. Burden of proof for ownership or control challenges.


This section applies to you if you challenge an ownership or control listing or finding.

- (a) When you challenge a listing of ownership or control, or a finding of ownership or control made under [§ 774.11(g)](/cfr/30/774.11.md?p=g) of this subchapter, you must prove by a preponderance of the evidence that you either—
  - (1) Do not own or control the entire surface coal mining operation or relevant portion or aspect thereof; or
  - (2) Did not own or control the entire surface coal mining operation or relevant portion or aspect thereof during the relevant time period.
- (b) In meeting your burden of proof, you must present reliable, credible, and substantial evidence and any explanatory materials to the regulatory authority. The materials presented in connection with your challenge will become part of the permit file, an investigation file, or another public file. If you request, we will hold as confidential any information you submit under this paragraph which is not required to be made available to the public under [§ 842.16](/cfr/30/842.16.md) of this chapter (when OSM is the regulatory authority) or under [§ 840.14](/cfr/30/840.14.md) of this chapter (when a State is the regulatory authority).
- (c) Materials you may submit in response to the requirements of [paragraph (b)](#b) of this section include, but are not limited to—
  - (1) Notarized affidavits containing specific facts concerning the duties that you performed for the relevant operation, the beginning and ending dates of your ownership or control of the operation, and the nature and details of any transaction creating or severing your ownership or control of the operation.
  - (2) Certified copies of corporate minutes, stock ledgers, contracts, purchase and sale agreements, leases, correspondence, or other relevant company records.
  - (3) Certified copies of documents filed with or issued by any State, municipal, or Federal governmental agency.
  - (4) **An opinion of counsel, when supported by—**
    - (i) Evidentiary materials;
    - (ii) A statement by counsel that he or she is qualified to render the opinion; and
    - (iii) **A statement that counsel has personally and diligently investigated the facts of the matter.**