Administrative / Negligence
Substantial evidence for Commission's adjudication of high negligence, as proof of mitigations only bars the finding of high negligence in the agency's formulation of violations presented to the commission, not in the adjudications themselves.
High negligence under either standard in this case, though.
https://www.cadc.uscourts.gov/internet/opinions.nsf/3B01146121C32D7385257F380053AA90/$file/14-1266-1592965.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.