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(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. 521.3, and if so, the appropriate amount of any such civil penalty or assessment considering any
aggravating or mitigating factors.
(b) USIA shall prove 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 shall be open to the public unless otherwise ordered by the ALJ for good cause shown.
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