---
kind: "section"
citation: "28 C.F.R. § 76.27"
title: "28"
number: "76.27"
heading: "The hearing and burden of proof."
url: "https://uscodex.org/cfr/28/76.27"
---

# §76.27. The hearing and burden of proof.

- (a) The Judge shall conduct a hearing on the record in order to determine whether the respondent is liable for a civil penalty under [28 CFR 76.3](/cfr/28/76.3.md) and, if so, the appropriate amount of any such civil penalty, considering the income and net assets of the respondent.
- (b) The United States Attorney shall prove respondent's liability and appropriateness of the amount of the penalty by a preponderance of the evidence.
- (c) The respondent shall prove any affirmative defenses by a preponderance of the evidence.
- (d) The hearing shall be open to the public unless otherwise closed by the Judge for good cause shown.

## Notes

### Authority

Authority: 5 U.S.C. 301; 21 U.S.C. 844a, 875, 876; 28 U.S.C. 509, 510,; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

### Source

Source: Order No. 1462-90, 56 FR 1089, Jan. 11, 1991, unless otherwise noted.