13 CFR 142.21 : Business Credit And Assistance (Parts 1-100 To Parts 501-599) — (Parts 1-100 To Parts 501-599) — Small Business Administration (Parts 1-100 To Parts 148-199) — Program Fraud Civil Remedies Act Regulations (§ 142.1 To § 142.41) — Hearing Provisions (§ 142.15 To § 142.29) — 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) SBA 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.