\ 6cfr \ TITLE 6 - HOMELAND SECURITY (6 CFR) \ 6 CFR PART 13--PROGRAM FRAUD CIVIL REMEDIES (Part 13 added 10/12/05; 70 FR 59209). \ § 13.30 The hearing and burden of proof.
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13.30 The hearing and burden of proof.
(a) The ALJ will conduct a hearing on the record in order to determine whether the Defendant is liable for a civil penalty or assessment under §
and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
(b) The Authority will prove Defendant's liability and any aggravating factors by a preponderance of the evidence.
(c) The Defendant will prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.
(d) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause shown.