---
kind: "section"
citation: "5 C.F.R. § 185.132"
title: "5"
number: "185.132"
heading: "The hearing and burden of proof."
url: "https://uscodex.org/cfr/5/185.132"
---

# §185.132. The hearing and burden of proof.

- (a) Where requested in accordance with [§ 185.109](/cfr/5/185.109.md) 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](/cfr/5/185.103.md) and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
- (b) The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.
- (c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.
- (d) The hearing shall be open to the public unless otherwise closed by the ALJ for good cause shown.

## Notes

### Authority

Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 60 FR 7891, Feb. 10, 1995, unless otherwise noted.