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Electronic Code of Federal Regulations

e-CFR data is current as of December 3, 2019

Title 40Chapter ISubchapter CPart 66Subpart J → §66.94


Title 40: Protection of Environment
PART 66—ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA
Subpart J—Supplemental Rules for Formal Adjudicatory Hearings


§66.94   Presentation of evidence.

(a) In hearings pursuant to §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 §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 §§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 §66.92(b) shall automatically be received into evidence in the hearing.

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