40 CFR 305.33
§ 305.33 Burden of presentation; burden of persuasion.
United States · 40 CFR — Protection of Environment · Status: effective
Cite this
- Citation
- 40 CFR 305.33, § 305.33 Burden of presentation; burden of persuasion, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/187016
- Permanent ID
ys:prov:187016@1- SHA-256
d7ba067468af9b26aae343c8c4e1556c67e136f0f07d6a8ef074a61419c0af0e
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
The Requestor has the burden of going forward with his case and of proving that the amount demanded in the Request for a Hearing is justified. Accordingly, the Requestor bears the burdens of presentation and persuasion. Following the establishment of a prima facie case, the Claims Official shall have the burden of presenting and of going forward with any defense to the allegations set forth in the Request for a Hearing. Each matter of controversy shall be determined by the Presiding Officer upon a preponderance of the evidence.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.