La. Admin. Code tit. 43 § XV-6803

Current through Register Vol. 50, No. 12, December 20, 2024

Section XV-6803 - Burden of Proof in Review of Section 921 Notices or Orders

A. In review of §921 of the Act, notices of violation or orders of cessation or the modification, vacation or termination thereof, including expedited review, the office 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.

La. Admin. Code tit. 43, § XV-6803

Promulgated by the Department of Natural Resources, Office of Conservation, LR 6:177 (May 1980), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.