§4.1155. Burdens of proof in civil penalty proceedings.
43 C.F.R. § 4.1155
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.
Notes, amendments, and revision history
Amendments
[53 FR 47694, Nov. 25, 1988]
Authority
Authority: 30 U.S.C. 1256, 1260, 1261, 1264, 1268, 1271, 1272, 1275, 1293; 5 U.S.C. 301.
Source
Source: 43 FR 34386, Aug. 3, 1978, unless otherwise noted.
Authority
Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.
Source
Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.
Amendments
[53 FR 47694, Nov. 25, 1988]