10 CFR 13.30, The Hearing and Burden of Proof

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The hearing and burden of proof

a

(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

(b) The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.

c

(c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

d

(d) The hearing shall be open to the public unless otherwise ordered by the ALJ for good cause shown.


External Links

[[URL::http://www.nrc.gov/reading-rm/doc-collections/cfr/part013/part013-0030.html%7CNRC website 10 CFR 13.30]]