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 9. Review of Section 776 and 777 Notices of Violations and Orders of Cessation |
SECTION 460:2-9-12. Burden of proof in review of Section 776 or Section
Latest version.
- (a) In review of Section 776 or Section 777 notices of violation or orders of cessation or the modification, vacation, or termination thereof, including expedited review under 460:2-11-1, DOM 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.