{"data":{"id":"us/34-cfr-33.30","jurisdiction":"us","citation":"34 CFR 33.30","heading":"The hearing and burden of proof.","body":"(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 § 33.3 and, if so, the appropriate amount of the civil penalty or assessment considering any aggravating or mitigating factors.\n(b) The Department shall prove a defendant's liability and any aggravating factors by a preponderance of the evidence.\n(c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.\n(d) The hearing must be open to the public unless otherwise ordered by the ALJ for good cause shown.","path":["Title 34—Education","Subtitle A—Office of the Secretary, Department of Education","PART 33—PROGRAM FRAUD CIVIL REMEDIES ACT"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-34.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:40Z","sha256":"2047b40c0166f999c374a4d99ab9d967a2427b7075f797ac794caf1f8f96e5c2","source_id":"us-cfr","stale":true,"prev":"us/34-cfr-33.29","next":"us/34-cfr-33.31"},"notice":"GroundRules: Original legal text. Not legal advice."}