12 C.F.R. § 308.529 The hearing and burden of proof.
Title 12 - Banks and Banking
(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.
Title 12: Banks and Banking
PART 308—RULES OF PRACTICE AND PROCEDURE
Subpart T—Program Fraud Civil Remedies and Procedures
§ 308.529 The hearing and burden of proof.
