If you request a hearing on the record under § 1241.7 , an ALJ will conduct the hearing under the provisions of 43 CFR 4.420 through 4.438 , except when the provisions are inconsistent with the provisions of this part. We have the burden of proving, by a preponderance of the evidence, the fact of the violation and the basis for the amount of the civil penalty. Upon completion of the hearing, the ALJ will issue a decision according to the evidence presented and the applicable law.
30 C.F.R. §1241.8