(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 § 22.3 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
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