14 CFR 1264.129
§ 1264.129 The hearing and burden of proof.
United States · 14 CFR — Aeronautics and Space · Status: effective
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- Citation
- 14 CFR 1264.129, § 1264.129 The hearing and burden of proof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/60706
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Full text
(a) The presiding officer shall conduct a hearing on the record in order to determine whether the defendant is liable for a civil penalty or assessment under § 1264.102 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 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.