33.30—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 § 33.3 and, if so, the appropriate amount of the civil penalty or assessment considering any aggravating or mitigating factors.
(b)
The Department shall prove a 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 must be open to the public unless otherwise ordered by the ALJ for good cause shown.