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Code of Federal Regulations Title 43. Public Lands:  Interior § 43.4.1171 Burden of proof in review of section 521 notices or orders

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) In review of section 521 notices of violation or orders of cessation or the modification, vacation, or termination thereof, including expedited review under § 4.1180, OSM shall have the burden of going forward to establish a prima facie case as to the validity of the notice, order, or modification, vacation, or termination thereof.

(b) The ultimate burden of persuasion shall rest with the applicant for review.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 43. Public Lands:  Interior § 43.4.1171 Burden of proof in review of section 521 notices or orders - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-43-public-lands-interior/cfr-sect-43-4-1171/

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