16.30—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
§ 16.3 and, if so, the appropriate amount of any
such civil penalty or assessment considering any
aggravating or mitigating factors.
(b)
The authority shall have the burden of
proving defendant's liability and any aggravating
factors by a preponderance of the evidence.
(c)
The defendant shall have the burden of
proving 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.