§71.30. The hearing and burden of proof.

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 § 71.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.

The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.

The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

The hearing shall be open to the public unless otherwise closed by the ALJ for good cause shown.