---
kind: "section"
citation: "14 C.F.R. § 1264.129"
title: "14"
number: "1264.129"
heading: "The hearing and burden of proof."
url: "https://uscodex.org/cfr/14/1264.129"
---

# §1264.129. The hearing and burden of proof.

- (a) The presiding officer shall conduct a hearing on the record in order to determine whether the defendant is liable for a civil penalty or assessment under [§ 1264.102](/cfr/14/1264.102.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 presiding officer for good cause shown.

## Notes

### Authority

Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a).

### Source

Source: 52 FR 39498, Oct. 22, 1987, unless otherwise noted.