[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.80]

[Page 175]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164--RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 
 
Subpart B--General Rules of Practice Concerning Proceedings (Other Than 
                           Expedited Hearings)
 
Sec. 164.80  Order of proceeding and burden of proof.

    (a) At the hearing, the proponent of cancellation or change in 
classification has the burden of going forward to present an affirmative 
case for the cancellation or change in classification of the 
registration. In the case of the denial of an application for 
registration, the applicant shall have the burden of going forward. In 
the case of a hearing called by the Administrator, the Respondent has 
the burden of going forward to present an affirmative case as to the 
statement of issues. The party having the burden of going forward shall 
have the opportunity to submit evidence on rebuttal.
    (b) On all issues arising in connection with the hearing, the 
ultimate burden of persuasion shall rest with the proponent of the 
registration.
    (c) If any party, other than Respondent, after being duly notified, 
fails to appear at the hearing, he shall be deemed to have authorized 
the Administrative Law Judge to dismiss the proceeding with or without 
prejudice, as the Administrative Law Judge may determine, unless a 
motion excusing the failure to appear has been made and granted. In the 
event that a party appears at the hearing and no representative of the 
Agency appears, the Administrative Law Judge shall proceed ex parte to 
hear the evidence of the party: Provided, That failure on the part of 
Respondent to appear at a hearing shall not be deemed to be a waiver of 
Respondent's right to file proposed findings of fact, conclusions of law 
and orders, to be served with a copy of the Administrative Law Judge's 
initial or accelerated decision, and to file exceptions with and to 
submit argument before the Administrator with respect thereto.