10 CFR 13.30 : Energy (§ 1.1 To Parts 1801-1899) — (§ 1.1 To Appendix S To Part 50) — Nuclear Regulatory Commission (§ 1.1 To Appendix S To Part 50) — Program Fraud Civil Remedies (§ 13.1 To § 13.47) — 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.