Day 35   12/19/13   

Topic:  Burden and Standard of Proof should be on applicant not persons requesting a public hearing.

• Go to: http://www.dnr.illinois.gov/OilandGas/Pages/OnlineCommentSubmittalForm.aspx
• Click the button: Subpart B: Registration and Permitting Procedures
• In the “Section” dropdown box, click: 245.270 Public Hearings
• Submit your comment/s (below)
• Click “Submit

Comment:

245.270.i states that parties requesting the public hearing and, if applicable, petitioning to participate in the public hearing shall have the burden of establishing the validity of their objections and concerns through the introduction of credible evidence. The standard of proof is the preponderance of the evidence.

The provision concerning burden of proof in this subsection does not make sense in context.  In fact, it reverses the burden that otherwise applies to permit applicants; it is the permit applicant who must demonstrate that they are entitled to a permit. It should not be the hearing requestor’s burden to prove that the issues they raise are worthy of consideration.  To the extent that the person or persons requesting the hearing raise legitimate questions as to whether a permit should be issued—or issued with particular conditions—it must be the applicant’s responsibility to address those questions to the satisfaction of the Department.