10 CFR 13.30: The hearing and burden of proof.
Where this section sits in the code
- Title 10—Energy
- CHAPTER I—NUCLEAR REGULATORY COMMISSION
- PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS
(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) 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 ALJ for good cause shown.
Collected 2026-08-27T02:24:09Z. Source file · JSON