[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2005] 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.