Statutes, codes, and regulations
Oklahoma Administrative Code
Title 460 - Department of MinesChapter 2 - Rules 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

Okla. Admin. Code § 460:2-9-12

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Current through Vol. 41, No. 19, June 17, 2024
Section 460:2-9-12 - Burden of proof in review of Section 776 or Section
(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.

Okla. Admin. Code § 460:2-9-12