6 CFR §13.30

1. (a)The Presiding Officer 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.
2. (b)The Authority will prove Defendant's liability and any aggravating factors by a preponderance of the evidence.
3. (c)The Defendant will prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.
4. (d)The hearing will be open to the public unless otherwise ordered by the Presiding Officer for good cause shown.