[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR185.132]

[Page 58-59]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 185_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec. 185.132  The hearing and burden of proof.

    (a) Where requested in accordance with Sec. 185.109 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. 
185.103 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.

[[Page 59]]

    (d) The hearing shall be open to the public unless otherwise closed 
by the ALJ for good cause shown.