49 CFR § 31.30

49 CFR · Transportation

§ 31.30 — The hearing and burden of proof.

49 CFR § 31.30

TitleTitle 49: Transportation PartPart 31: Program Fraud Civil Remedies

SourceeCFR (current through Apr 10, 2026)

This text of 49 C.F.R. § 31.30 (The hearing and burden of proof.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

49 C.F.R. § 31.30 (2026).

Text

§ 31.30 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 § 31.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.

(b)The authority shall prove defendent'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.

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§ 31.30 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 § 31.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.

(b) The authority shall prove defendent'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.