[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR179.91]



[Page 288]

 

                   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 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 exemption 

from the requirement for a tolerance.



[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005]