§13.30. The hearing and burden of proof.

The Presiding Officer will conduct a hearing on the record in order to determine whether the Defendant is liable for a civil penalty or assessment under § 13.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.

The Authority will prove Defendant's liability and any aggravating factors by a preponderance of the evidence.

The Defendant will prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

The hearing will be open to the public unless otherwise ordered by the Presiding Officer for good cause shown.