[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.27]

[Page 327]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 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 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.