[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR33.30]

[Page 82]
 
                           TITLE 34--EDUCATION
 
PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 33.30  The hearing and burden of proof.

    (a) 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 Sec. 33.3 and, if so, the appropriate amount of the 
civil penalty or assessment considering any aggravating or mitigating 
factors.
    (b) The Department shall prove a 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 must be open to the public unless otherwise ordered 
by the ALJ for good cause shown.

(Authority: 31 U.S.C. 3803 (f), (g)(2))