{"data":{"id":"us/40-cfr-305.33","jurisdiction":"us","citation":"40 CFR 305.33","heading":"Burden of presentation; burden of persuasion.","body":"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.","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER J—SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS","PART 305—COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS AGAINST THE SUPERFUND","Subpart D—Hearing Procedure"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"d7ba067468af9b26aae343c8c4e1556c67e136f0f07d6a8ef074a61419c0af0e","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-305.32","next":"us/40-cfr-305.34"},"notice":"GroundRules: Original legal text. Not legal advice."}