40 CFR 22.24 - Burden of presentation; burden of persuasion; preponderance of the evidence standard.

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§ 22.24 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.

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United States Code

Title 40 published on 2015-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 22 after this date.

  • 2015-09-08; vol. 80 # 173 - Tuesday, September 8, 2015
    1. 80 FR 53756 - Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2; Extension of Comment Period
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, ENVIRONMENTAL PROTECTION AGENCY, National Highway Traffic Safety Administration
      Proposed rule; extension of comment period.
      The comment period for the proposed rule published July 13, 2015 (80 FR 40139) is extended. Written comments for both documents must be received on or before October 1, 2015.
      40 CFR Parts 9, 22, 85, 86, 600, 1033, 1036, 1037, 1039, 1042, 1065, 1066, and 1068