Code of Federal Regulations · Section
§ 308.529 — The Hearing And Burden Of Proof
12 C.F.R. § 308.529
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(a) The ALJ will conduct a hearing on the record in order to determine whether the defendant is liable for a civil penalty or assessment under § 308.502 of this subpart, and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
(b) The FDIC must prove defendant's liability and any aggravating factors by a preponderance of the evidence.
(c) The defendant must prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.
(d) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause shown.
Authorizing Statute
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Mode of recovery28 U.S.C. § 2461
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Flood insurance purchase and compliance requirements and escrow accounts42 U.S.C. § 4012a
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Violation of provisions of chapter12 U.S.C. § 93
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Practice before the Department31 U.S.C. § 330
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Costs and fees of parties5 U.S.C. § 504