40 CFR 22.24 : Protection Of Environment (§ 1.1 To Parts 1851-1899) — (§ 1.1 To Appendix To Subpart M Of Part 49) — Environmental Protection Agency (§ 1.1 To Appendix To Subpart M Of Part 49) — General (§ 1.1 To § 29.13) — Consolidated Rules Of Practice Governing The Administrative Assessment Of Civil Penalties And The Revocation/Termination Or Suspension Of Permits (§ 22.1 To § 22.52) — Hearing Procedures (§ 22.21 To § 22.26) — Burden of presentation; burden of persuasion; preponderance of the evidence standard.

(a) The complainant has the burdens of presentation and persuasion that the violation occurred as set forth in the complaint and that the relief sought is appropriate. Following complainant's establishment of a prima facie case, respondent shall have the burden of presenting any defense to the allegations set forth in the complaint and any response or evidence with respect to the appropriate relief. The respondent has the burdens of presentation and persuasion for any affirmative defenses.

(b) Each matter of controversy shall be decided by the Presiding Officer upon a preponderance of the evidence.