{"data":{"id":"us/40-cfr-27.30","jurisdiction":"us","citation":"40 CFR 27.30","heading":"The hearing and burden of proof.","body":"(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.\n(b) The Authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.\n(c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.\n(d) The hearing shall be open to the public unless otherwise ordered by the presiding officer for good cause shown.","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER A—GENERAL","PART 27—PROGRAM FRAUD CIVIL REMEDIES"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"d6499072099861619adf415bbba4ce15eea9c4406eb9f3cf39c62fe88a1dab72","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-27.29","next":"us/40-cfr-27.31"},"notice":"GroundRules: Original legal text. Not legal advice."}