---
kind: "section"
citation: "30 C.F.R. § 1241.8"
title: "30"
number: "1241.8"
heading: "How will DCHD conduct the hearing on the record?"
url: "https://uscodex.org/cfr/30/1241.8"
---

# §1241.8. How will DCHD conduct the hearing on the record?


If you request a hearing on the record under [§ 1241.7](/cfr/30/1241.7.md), an ALJ will conduct the hearing under the provisions of [43 CFR 4.420 through 4.438](/cfr/43/4.420..4.438.md), except when the provisions are inconsistent with the provisions of this part. We have the burden of proving, by a preponderance of the evidence, the fact of the violation and the basis for the amount of the civil penalty. Upon completion of the hearing, the ALJ will issue a decision according to the evidence presented and the applicable law.


## Notes

### Authority

Authority: 25 U.S.C. 396 et seq. , 396a et seq. , 2101 et seq. ; 30 U.S.C. 181 et seq. , 351 et seq. , 1001 et seq. , 1701 et seq. ; 43 U.S.C. 1301 et seq. , 1331 et seq. , 1801 et seq.

### Source

Source: 81 FR 50316, Aug. 1, 2016, unless otherwise noted.