49 C.F.R. § 31.30 The hearing and burden of proof.
Title 49 - Transportation
(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 §31.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors. (b) The authority shall prove defendent'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.
Title 49: Transportation
PART 31—PROGRAM FRAUD CIVIL REMEDIES
§ 31.30 The hearing and burden of proof.
