[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR179.91]

[Page 293]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                      Subpart E--Hearing Procedures
 
Sec. 179.91  Burden of going forward; burden of persuasion.

    (a) The party whose request for an evidentiary hearing was granted 
has the burden of going forward in the hearing with evidence as to the 
issues relevant to that request for a hearing.
    (b) The party or parties who contend that a regulation satisfies the 
criteria of section 408 or 409 of the FFDCA has the burden of persuasion 
in the hearing on that issue, whether the proceeding concerns the 
establishment, modification, or revocation of a tolerance or food 
additive regulation.