§ 22.30. The hearing and burden of proof.
101 words·~1 min read·
/us/cfr/t29/s§ 22.30·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 § 22.3 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.