45 CFR 79.30
§ 79.30 The hearing and burden of proof.
United States · 45 CFR — Public Welfare · Status: effective
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- Citation
- 45 CFR 79.30, § 79.30 The hearing and burden of proof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/216528
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Full text
(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 § 79.3 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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.