[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
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.