{"data":{"id":"us/13-cfr-142.21","jurisdiction":"us","citation":"13 CFR 142.21","heading":"How will the hearing be conducted and who has the burden of proof?","body":"(a) The ALJ conducts a hearing in order to determine whether a defendant is liable for a civil penalty, assessment, or both and, if so, the appropriate amount of the civil penalty and/or assessment. The hearing will be recorded and transcribed, and the transcript of testimony, exhibits admitted at the hearing, and all papers and requests filed in the proceeding constitute the record for a decision by the ALJ.\n(b) SBA must prove a defendant's liability and any aggravating factors by a preponderance of the evidence.\n(c) A defendant must prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.\n(d) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause shown.","path":["Title 13—Business Credit and Assistance","CHAPTER I—SMALL BUSINESS ADMINISTRATION","PART 142—ADMINISTRATIVE FALSE CLAIMS ACT REGULATIONS"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-13.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:18Z","sha256":"557ad7fd978543299c0a6678ee3f4e686eb9585e644b01a1ad20a05047c52933","source_id":"us-cfr","stale":true,"prev":"us/13-cfr-142.20","next":"us/13-cfr-142.22"},"notice":"GroundRules: Original legal text. Not legal advice."}