---
kind: "section"
citation: "40 C.F.R. § 66.94"
title: "40"
number: "66.94"
heading: "Presentation of evidence."
url: "https://uscodex.org/cfr/40/66.94"
---

# §66.94. Presentation of evidence.

- (a) In hearings pursuant to [§ 66.42](/cfr/40/66.42.md) 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](/cfr/40/66.42.md) 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](/cfr/40/66.54.md) and [66.73](/cfr/40/66.73.md) 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)](/cfr/40/66.92.md?p=b) shall automatically be received into evidence in the hearing.

## Notes

### Authority

Authority: Sec. 120, Clean Air Act, as amended, 42 U.S.C. 7420.

### Source

Source: 45 FR 50110, July 28, 1980, unless otherwise noted.