---
kind: "section"
citation: "40 C.F.R. § 179.91"
title: "40"
number: "179.91"
heading: "Burden of going forward; burden of persuasion."
url: "https://uscodex.org/cfr/40/179.91"
---

# §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](/cfr/40/408.md) 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.

## Notes

### Amendments

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

### Authority

Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970.

### Source

Source: 55 FR 50293, Dec. 5, 1990, unless otherwise noted.

### Amendments

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