---
kind: "section"
citation: "10 C.F.R. § 13.30"
title: "10"
number: "13.30"
heading: "The hearing and burden of proof."
url: "https://uscodex.org/cfr/10/13.30"
---

# §13.30. The hearing and burden of proof.

- (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](/cfr/10/13.3.md) 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.

## Notes

### Authority

Authority: 31 U.S.C. 3801 through 3812; 44 U.S.C. 3504 note. Section 13.3 also issued under 28 U.S.C. 2461 note. Section 13.13 also issued under 31 U.S.C. 3730.

### Source

Source: 56 FR 47135, Sept. 18, 1991, unless otherwise noted.