---
kind: "section"
citation: "40 C.F.R. § 305.33"
title: "40"
number: "305.33"
heading: "Burden of presentation; burden of persuasion."
url: "https://uscodex.org/cfr/40/305.33"
---

# §305.33. Burden of presentation; burden of persuasion.


The Requestor has the burden of going forward with his case and of proving that the amount demanded in the Request for a Hearing is justified. Accordingly, the Requestor bears the burdens of presentation and persuasion. Following the establishment of a prima facie case, the Claims Official shall have the burden of presenting and of going forward with any defense to the allegations set forth in the Request for a Hearing. Each matter of controversy shall be determined by the Presiding Officer upon a preponderance of the evidence.


## Notes

### Authority

Authority: 42 U.S.C. 9601 et seq.; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp. p. 193.

### Source

Source: 58 FR 7706, Feb. 8, 1993, unless otherwise noted.