 |
Oklahoma Administrative Code (Last Updated: March 11, 2021) |
 |
TITLE 460. Department of Mines |
|
Chapter 2. Rule of Practice and Procedure for the Coal Reclamation Act of 1979 |
|
Subchapter 35. Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits |
SECTION 460:2-35-7. Burden of proof
Latest version.
- (a) In proceedings involving permit modification orders, the Department shall have the burden of going forward to establish a prima facie case. The ultimate burden of persuasion shall rest with the person seeking review of the order.(b) In proceedings involving permit renewal decisions, those parties opposing renewal shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion that the renewal application should be disapproved.(c) In proceedings involving decisions on applications for permit revisions and on applications for the transfer, assignment, or sale of rights granted under permits:(1) If the applicant is seeking review, the Department shall have the burden of going forward to establish a prima facie case as to the failure of the applicant to comply with the applicable requirements of the act, and the applicant seeking review shall have the ultimate burden of persuasion as to entitlement to approval of the application.(2) If any other person is seeking review, that person shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion that the application fails in some manner to comply with the applicable requirements of the act and the regulations.