(a) 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. 33.3 and, if so, the appropriate amount of the civil penalty or assessment considering any aggravating or mitigating factors.
(b) The Department shall prove a 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.
(d) The hearing must be open to the public unless otherwise ordered by the ALJ for good cause shown. (Authority: 31 U.S.C. 3803 (f), (g)(2))