United States Nuclear Regulatory Commission - Protecting People and the Environment
Home > NRC Library > Document Collections > NRC Regulations (10 CFR) > Part Index > § 13.30 The hearing and burden of proof.

§ 13.30 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 § 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.

Page Last Reviewed/Updated Thursday, July 25, 2013