Regulations last checked for updates: Sep 29, 2023

Title 49 - Transportation last revised: Sep 01, 2023
§ 31.30 - 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 § 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.

authority: 31 U.S.C. 3801–3812
source: 53 FR 881, Jan. 14, 1988, unless otherwise noted.
cite as: 49 CFR 31.30