---
kind: "section"
citation: "45 C.F.R. § 2554.32"
title: "45"
number: "2554.32"
heading: "How will the hearing be conducted and who has the burden of proof?"
url: "https://uscodex.org/cfr/45/2554.32"
---

# §2554.32. How will the hearing be conducted and who has the burden of proof?

- (a) The ALJ conducts a hearing in order to determine whether a defendant is liable for a civil penalty, assessment, or both and, if so, the appropriate amount of the civil penalty and/or assessment. The hearing will be recorded and transcribed, and the transcript of testimony, exhibits admitted at the hearing, and all papers and requests filed in the proceeding constitute the record for a decision by the ALJ.
- (b) The Corporation must prove a defendant's liability and any aggravating factors by a preponderance of the evidence.
- (c) A defendant must prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.
- (d) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause shown.

## Notes

### Authority

Authority: Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874 (31 U.S.C. 3801-3812); 42 U.S.C. 12651c-12651d.

### Source

Source: 72 FR 61912, Oct. 20, 2006, unless otherwise noted.