- (a) The Judge shall conduct a hearing on the record in order to determine whether the respondent is liable for a civil penalty under 28 CFR 76.3 and, if so, the appropriate amount of any such civil penalty, considering the income and net assets of the respondent.
- (b) The United States Attorney shall prove respondent's liability and appropriateness of the amount of the penalty by a preponderance of the evidence.
- (c) The respondent shall prove any affirmative defenses by a preponderance of the evidence.
- (d) The hearing shall be open to the public unless otherwise closed by the Judge for good cause shown.