§ 185.132 The hearing and burden of proof

5 CFR 185.132(a)(a) Where requested in accordance with § 185.109 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 § 185.103 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.

5 CFR 185.132(b)(b) The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.

5 CFR 185.132(c)(c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

5 CFR 185.132(d)(d) The hearing shall be open to the public unless otherwise closed by the ALJ for good cause shown.