§ 33.30. The hearing and burden of proof.
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/us/cfr/t34/s§ 33.30·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 § 33.3 and, if so, the appropriate amount of the civil penalty or assessment considering any aggravating or mitigating factors.
(b)The Department shall prove a 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 must be open to the public unless otherwise ordered by the ALJ for good cause shown. (Authority: 31 U.S.C. 3803 (f), (g)(2))
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§ 33.30
The hearing and burden of proof.
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