45 CFR § 2554.32 - How will the hearing be conducted and who has the burden of proof?
---
identifier: "/us/cfr/t45/s2554.32"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 2554.32 - How will the hearing be conducted and who has the burden of proof?"
title_number: 45
title_name: "Public Welfare"
section_number: "2554.32"
section_name: "How will the hearing be conducted and who has the burden of proof?"
chapter_name: "CORPORATION FOR NATIONAL AND COMMUNITY SERVICE"
part_number: "2554"
part_name: "PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874 (31 U.S.C. 3801-3812); 42 U.S.C. 12651c-12651d."
regulatory_source: "72 FR 61912, Oct. 20, 2006, unless otherwise noted."
cfr_part: "2554"
---
# 2554.32 How will the hearing be conducted and who has the burden of proof?
(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) The Corporation 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.