The hearing and burden of proof.

CFR · 2024-01-01 · US · Title 6

(a) The ALJ will 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 will prove Defendant's liability and any aggravating factors by a preponderance of the evidence. (c) The Defendant will prove any affirmative defenses and any mitigating factors by a preponderance of the evidence. (d) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause shown.

official document · source cfr-2024 · id 6:§ 13.30