(a) In review of section 521 notices of violation or orders of cessation or the modification, vacation, or termination thereof, including expedited review under Sec. 4.1180, OSM 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.
Expedited Review of Section 521(a)(2) or 521(a)(3) Orders of Cessation