[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR13.30]

[Page 277-278]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 13_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec. 13.30  The hearing and burden of proof.

    (a) The ALJ shall conduct a hearing on the record in order to 
determine

[[Page 278]]

whether the defendant is liable for a civil penalty or assessment under 
Sec. 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.