---
kind: "section"
citation: "22 C.F.R. § 521.30"
title: "22"
number: "521.30"
heading: "The hearing and burden of proof."
url: "https://uscodex.org/cfr/22/521.30"
---

# §521.30. 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 [§ 521.3](/cfr/22/521.3.md), and if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
- (b) The Broadcasting Board of Governors 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: 22 U.S.C. 2658; 31 U.S.C. 3801-3812.

### Source

Source: 56 FR 25028, June 3, 1991, unless otherwise noted.