How will the hearing be conducted and who has the burden of proof?

13 C.F.R. § 142.21
in effectEffective: 2024-07-01
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(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.

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