SECTION 460:2-37-6. Burden of proof

Latest version.

(a) If a coal exploration applicant is seeking review, the Department shall have the burden of going forward to establish a prima facie case as to the failure to comply with the applicable requirements of the act and regulations, and the ultimate burden of persuasion as to the entitlement to the approval rests with the applicant.
(b) 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 regulations.

                    
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