7 CFR 1.329
§ 1.329 The hearing and burden of proof.
United States · 7 CFR — Agriculture · Status: effective
Cite this
- Citation
- 7 CFR 1.329, § 1.329 The hearing and burden of proof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/12694
- Permanent ID
ys:prov:12694@1- SHA-256
9539224a2825e87b51a82ea3f3141ae7c3b088923e2976981cee4862e27a5bb2
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
(a) The ALJ shall conduct a hearing on the record in order to determine whether the respondent is liable for a civil penalty or assessment under § 1.303 of this part, and if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
(b) The USDA shall prove respondent's liability and any aggravating factors by a preponderance of the evidence.
(c) The respondent 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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.