---
kind: "section"
citation: "45 C.F.R. § 1149.47"
title: "45"
number: "1149.47"
heading: "How will the hearing be conducted?"
url: "https://uscodex.org/cfr/45/1149.47"
---

# §1149.47. How will the hearing be conducted?

- (a) **The ALJ conducts a hearing on the record in order—**
  - (1) To determine whether you are liable for a civil penalty, assessment, or both; and
  - (2) If so, to determine the appropriate amount of the penalty and/or assessment, considering any aggravating or mitigating factors.
- (b) The hearing will be recorded and transcribed, and the transcript of testimony, exhibits admitted at the hearing, and all papers filed in the proceeding constitute the record for a decision by the ALJ.
- (c) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause shown.

## Notes

### Authority

Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 79 FR 67081, Nov. 12, 2014, unless otherwise noted.