5 CFR · Administrative Personnel
§ 185.132 — The hearing and burden of proof.
5 CFR § 185.132
TitleTitle 5: Administrative PersonnelPartPart 185: Program Fraud Civil Remedies
SourceeCFR (current through Mar 24, 2026)
This text of 5 C.F.R. § 185.132 (The hearing and burden of proof.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
5 C.F.R. § 185.132 (2026).
Text
§ 185.132 The hearing and burden of proof.
(a)Where requested in accordance with § 185.109 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 § 185.103 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
(b)The authority 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 closed by the ALJ for good cause shown.
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Related
North Jersey Media Group, Inc. v. Ashcroft
308 F.3d 198 (Third Circuit, 2002)
North Jersey Media Group, Inc. v. John Ashcroft
308 F.3d 198 (Third Circuit, 2002)
Nearby Sections
11
§ 185.127
Fees.§ 185.128
Form, filing and service of papers.§ 185.129
Computation of time.§ 185.130
Motions.§ 185.131
Sanctions.§ 185.132
The hearing and burden of proof.§ 185.134
Witnesses.§ 185.135
The record.§ 185.136
Post-hearing briefs.§ 185.137
Initial decision.Cite This Page — Counsel Stack
Bluebook (online)
5 C.F.R. § 185.132, Counsel Stack Legal Research, https://law.counselstack.com/cfr/5/185/185.132.