Code of Federal Regulations · Section

§ 13.30 — The Hearing And Burden Of Proof

10 C.F.R. § 13.30

View:

(a) The ALJ shall conduct a hearing on the record in order to determine whether the defendant is liable for a civil penalty or assessment under § 13.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.

(b) The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.

(c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

(d) The hearing shall be open to the public unless otherwise ordered by the ALJ for good cause shown.

10 C.F.R. § 13.29 10 C.F.R. § 13.31

Authorizing Statute