40 CFR § 179.91 - Burden of going forward; burden of persuasion.
---
identifier: "/us/cfr/t40/s179.91"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 179.91 - Burden of going forward; burden of persuasion."
title_number: 40
title_name: "Protection of Environment"
section_number: "179.91"
section_name: "Burden of going forward; burden of persuasion."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "E"
subchapter_name: "PESTICIDE PROGRAMS"
part_number: "179"
part_name: "FORMAL EVIDENTIARY PUBLIC HEARING"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970."
regulatory_source: "55 FR 50293, Dec. 5, 1990, unless otherwise noted."
cfr_part: "179"
---
# 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 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.
[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005]