43 C.F.R. § 4.1171
Burden of proof in review of section 521 notices or orders.
Cite as 43 C.F.R. § 4.1171 (2026)
(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.
- Cross-references to the CFR
- 4.1180