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 § 13.3 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.