[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR305.33]

[Page 359]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                      Subpart D--Hearing Procedure
 
Sec. 305.33  Burden of presentation; burden of persuasion.

    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.