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Title 10 Part 13 → §13.30

Title 10 → Chapter I → Part 13 → §13.30

Electronic Code of Federal Regulations e-CFR

Title 10 Part 13 → §13.30

e-CFR data is current as of June 25, 2019

Title 10Chapter IPart 13 → §13.30


Title 10: Energy
PART 13—PROGRAM FRAUD CIVIL REMEDIES


§13.30   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 §13.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.

(b) The authority shall prove defendant'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.