Code of Federal Regulations Title 43. Public Lands:  Interior § 43.4.1155 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.