Current through October 31, 2024
Section 224.30 - The hearing and burden of proof(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 § 224.3 , and if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.(b) A.I.D. 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.