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40 CFR 27.30 - The hearing and burden of proof.

§ 27.30
The hearing and burden of proof.
(a) The presiding officer shall conduct a hearing on the record in order to determine whether the defendant is liable for a civil penalty or assessment under § 27.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
(b) The Authority shall prove defendant'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 presiding officer for good cause shown.

Title 40 published on 2012-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

§ 2461 note - Mode of recovery

USC : Title 31 - MONEY AND FINANCE

§ 3701 note - Definitions and application

§ 3801 - Definitions

§ 3802 - False claims and statements; liability

§ 3803 - Hearing and determinations

§ 3804 - Subpoena authority

§ 3805 - Judicial review

§ 3806 - Collection of civil penalties and assessments

§ 3807 - Right to administrative offset

§ 3808 - Limitations

§ 3809 - Regulations

§ 3810 - Repealed.

§ 3811 - Effect on other law

§ 3812 - Prohibition against delegation