[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1264.129]



[Page 383-384]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.129  The hearing and burden of proof.



    (a) The presiding officer shall conduct a hearing on the record in 

order to



[[Page 384]]



determine whether the defendant is liable for a civil penalty or 

assessment under Sec. 1264.102 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 ordered 

by the presiding officer for good cause shown.