[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR66.94]

[Page 150]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66 - ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA--Table of Contents
 
  Subpart J - Supplemental Rules for Formal Adjudicatory Hearings
 
Sec. 66.94  Presentation of evidence.

    (a) In hearings pursuant to Sec. 66.42 EPA shall present 
evidence of violation of applicable legal requirements. The source owner 
or operator shall then present any rebuttal evidence.
    (b) In hearings under Sec. 66.42 the source owner or 
operator shall present evidence of entitlement to an exemption. EPA 
shall then present any rebuttal evidence.
    (c) In hearings under Sec.Sec. 66.54 and 66.73 
EPA shall present evidence that its calculation or revisions of the 
source owner or operator's penalty calculations are correct. The source 
owner or operator shall then present any rebuttal evidence.
    (d) Each matter of controversy shall be determined by the Presiding 
Officer upon a preponderance of the evidence.
    (e) Any documentation submitted pursuant to Sec. 66.92(b) 
shall automatically be received into evidence in the hearing.