---
kind: "section"
citation: "49 C.F.R. § 31.30"
title: "49"
number: "31.30"
heading: "The hearing and burden of proof."
url: "https://uscodex.org/cfr/49/31.30"
---

# §31.30. 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 [§ 31.3](/cfr/49/31.3.md) and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
- (b) The authority shall prove defendent'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: 31 U.S.C. 3801-3812.

### Source

Source: 53 FR 881, Jan. 14, 1988, unless otherwise noted.