(a) The ALJ conducts a hearing on the record in order:
- (1) To determine whether you are liable for a civil penalty, assessment, or both; and
- (2) If so, to determine the appropriate amount of the penalty and/or assessment, considering any aggravating or mitigating factors.
- (b) The hearing will be recorded and transcribed, and the transcript of testimony, exhibits admitted at the hearing, and all papers filed in the proceeding constitute the record for a decision by the ALJ.
- (c) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause shown.