[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.329] [Page 82] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart L_Procedures Related to Administrative Hearings Under the Program Fraud Civil Remedies Act of 1986 Sec. 1.329 The hearing and burden of proof. (a) The ALJ shall conduct a hearing on the record in order to determine whether the respondent is liable for a civil penalty or assessment under Sec. 1.303 of this part, and if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors. (b) The USDA shall prove respondent's liability and any aggravating factors by a preponderance of the evidence. (c) The respondent 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 ALJ for good cause shown.