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 § 35.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.
The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.
The hearing shall be open to the public unless otherwise ordered by the ALJ for good cause shown.
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