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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 460. Department of Mines |
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Chapter 2. Rule of Practice and Procedure for the Coal Reclamation Act of 1979 |
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Subchapter 8. Petitions for Review of Proposed Individual Civil Penalty Assessment |
SECTION 460:2-8-8. Elements, burdens of proof
Latest version.
- (a) The Department shall have the burden of going forward with evidence to establish a prima facie case that:(1) A corporate permittee either violated a condition of a permit or failed or refused to comply with an order issued under 45 O. S. 1981, Section 724. et. seq., or an order incorporated in the final decision of the Director, (except an order incorporated in a decision issued under sections 45 O. S. Subsection 769 (b) of the Act or implementing regulations), unless the fact of violation or failure or refusal to comply with an order has been upheld in a final decision in a proceeding under Sections 2-7-1 through 2-7-9, 2-9-2 through 2-9-12, or Sections 2-11-1 through 2-11-8, and Sections 2-19-1 or 2-39-2 of this Chapter, and the individual is one against whom the doctrine of collateral estoppel may be applied to prelude relitigation of fact issues;(2) The individual, at the time of the violation, failure or refusal, was a director, officer, or agent of the corporation; and(3) The individual willfully and knowingly authorized, ordered, or carried out the corporate permittee's violation or failure or refusal to comply.(b) The individual shall have the ultimate burden of persuasion by a preponderance of the evidence as to the elements set forth in (a) (1) of this section and as to whether he was a director or officer of the corporation at the time of the violation or refusal.(c) The Department shall have the ultimate burden of persuasion by a preponderance of the evidence as to whether the individual was an agent of the corporation, as to (a) (3) of this section, and as to the amount of the individual civil penalty.