---
kind: "section"
citation: "43 C.F.R. § 3430.5-2"
title: "43"
number: "3430.5-2"
heading: "Appeals, lack of showing."
url: "https://uscodex.org/cfr/43/3430.5-2"
---

# §3430.5-2. Appeals, lack of showing.

- (a) If the application is rejected because the existence of commercial quantities of coal has not been shown, the applicant may, in accordance with the procedures in [part 4 of this title](/cfr/43/part4.md), file a notice of appeal and a statement of the reasons for the appeal.
- (b) The applicant shall have the right to a hearing before an Administrative Law Judge if the applicant alleges that the facts in the application are sufficient to show entitlement to a lease.
- (c) In such a hearing, the applicant shall bear both the burden of going forward and the burden of proof to show, by a preponderance of evidence, that commercial quantities of coal exist in the proposed lease area.

## Notes

### Authority

Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 30 U.S.C. 521-531; 30 U.S.C. 1201 et seq.; and 43 U.S.C. 1701 et seq.

### Source

Source: 44 FR 42628, July 19, 1979, unless otherwise noted.