§33.30. 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 § 33.3 and, if so, the appropriate amount of the civil penalty or assessment considering any aggravating or mitigating factors.

The Department shall prove a 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 must be open to the public unless otherwise ordered by the ALJ for good cause shown.