TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 166 PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS
SECTION 166.255 BURDEN OF PROOF


 

Section 166.255  Burden of Proof

 

a)         The proponent of any matter asserted shall have the burden of proof to establish by a preponderance of evidence that the matter asserted is more probably true then not true.

 

b)         When a party has the burden of proof and establishes the matter asserted by the quantum of evidence required in Section 166.255(a) of this Subpart, the party has made a prima facie case, and the burden of disproving the matter asserted goes to the opposing party; by the same quantum required in Section 166.255(a).