- (a) The ALJ will conduct a hearing on the record in order to determine whether the defendant is liable for a civil penalty or assessment under § 308.502 of this subpart, and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
- (b) The FDIC must prove defendant's liability and any aggravating factors by a preponderance of the evidence.
- (c) The 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.