Section 4.1374 - Burdens of proof(a) OSM shall have the burden of going forward to present a prima facie case of the validity of the notice of proposed suspension or rescission or the notice of suspension or rescission.(b) The permittee shall have the ultimate burden of persuasion by a preponderance of the evidence that the notice is invalid.59 FR 54326, Oct. 28, 1994, as amended at 67 FR 61512 , Oct. 1, 2002