10 CFR 13.30 - The hearing and burden of proof.
Code of Federal Regulations - Title 10: Energy (2011)
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Title 10: Energy
CHAPTER I: NUCLEAR REGULATORY COMMISSION
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.
