6 CFR 13.30
§ 13.30 The hearing and burden of proof.
United States · 6 CFR — Domestic Security · Status: effective
Cite this
- Citation
- 6 CFR 13.30, § 13.30 The hearing and burden of proof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/12011
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Full text
(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 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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.