---
kind: "section"
citation: "6 C.F.R. § 13.30"
title: "6"
number: "13.30"
heading: "The hearing and burden of proof."
url: "https://uscodex.org/cfr/6/13.30"
---

# §13.30. The hearing and burden of proof.

- (a) 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](/cfr/6/13.3.md) and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
- (b) The Authority will prove Defendant's liability and any aggravating factors by a preponderance of the evidence.
- (c) The Defendant will prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.
- (d) The hearing will be open to the public unless otherwise ordered by the Presiding Officer for good cause shown.

## Notes

### Authority

Authority: Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C., Ch. 1, sections 101 et seq. ); 5 U.S.C. 301; 31 U.S.C. 3801-3812.

### Source

Source: 70 FR 59211, Oct. 12, 2005, unless otherwise noted.