---
kind: "section"
citation: "31 C.F.R. § 16.30"
title: "31"
number: "16.30"
heading: "The hearing and burden of proof."
url: "https://uscodex.org/cfr/31/16.30"
---

# §16.30. 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 [§ 16.3](/cfr/31/16.3.md) and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
- (b) The authority shall have the burden of proving defendant's liability and any aggravating factors by a preponderance of the evidence.
- (c) The defendant shall have the burden of proving 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. 3801-3812.

### Source

Source: 52 FR 35071, Sept. 17, 1987, unless otherwise noted.